fowler v board of education of lincoln county
The board viewed the movie once in its entirety and once as it had been edited in the classroom. 1098 (1952). Joint Appendix at 265-89. There is conflicting testimony as to whether, or how much, nudity was seen by the students. In addition to the sexual aspects of the movie, there is a great deal of violence. 1972), cert. 161.790(1)(b) was not vague or overbroad, apparently for the reason that, because Fowler's conduct was protected by the First Amendment, such conduct "as a matter of fact and law did not constitute conduct unbecoming a teacher." technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. We emphasize that our decision in this case is limited to the peculiar facts before us. 1782, 1797, 52 L.Ed.2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters to take a nonexhaustive list of labels is not entitled to full First Amendment protection."). at 3165 (emphasis supplied). The existence of such a "right to know" was considered by the Supreme Court in Board of Education, Island Trees Union Free School District No. at 2810. at 576. Book Board of Education Policies Section 6000 Instruction . Finally, the district court concluded that K.R.S. Andrew Tony Fowler Overview. . Mt. 1, 469 F.2d 623 (2d Cir. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. Sec. That a teacher does have First Amendment protection under certain circumstances cannot be denied. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. Plaintiff cross-appeals from the holding that K.R.S. Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 1178, 1183, 87 L.Ed. Where a plaintiff can show that her constitutionally-protected conduct was a "substantial" or "motivating" factor in the discharge decision, the employer must prove "by a preponderance of the evidence that it would have reached the same decision as to . Id., at 862, 869, 102 S.Ct. United States District Courts. 39 Ed. I would suggest that the rationale underlying Spence v. Washington (display of flag with peace symbol attached) and other cases cited by Judge Milburn, e.g., Brown v. Louisiana, 383 U.S. 131, 86 S.Ct. United States District Court (Columbia), United States District Courts. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. . Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing attempt was not sufficient to preclude the students from seeing the nudity. After the movie was viewed by the superintendent and members of the Lincoln County Board of Education, proceedings were instituted to terminate Fowler's contract. Joint Appendix at 291. of Tipp City, No. As Corrected November 6, 1986. The District Court held that the school board failed to carry this Mt. v. Doyle, 429 U.S. 274, 97 S.Ct. Healthy, 429 U.S. at 282-84, 97 S.Ct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. Plaintiff Fowler received her termination notice on or about June 19, 1984. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. Healthy. at 1678. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. . of Educ., supra (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. 1970), is misplaced. Cmty. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. 532, 535-36, 75 L.Ed. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. at p. 664. Healthy set the standard that once the plaintiff had shown that his conduct was constitutionally protected and that his conduct was a substantial or motivating factor in the Board's decision to discharge or not to rehire, the school board then must show that it would have reached the same decision even in the absence of the protected conduct. The basis for this action was that she had an "R" rated movie, Pink Floyd--The Wall, shown to her high school students on the last day of the 1983-84 school year. I agree with both of these findings. The dissent relies upon Schad v. Mt. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Therefore, I would affirm the judgment of the District Court. In my view this case should be decided under the "mixed motive" analysis of Mt. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 06-1215(ESH). See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Inescapably, like parents, they are role models." The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. Sterling, Ky., F.C. 418 U.S. at 409, 94 S.Ct. In Cohen v. California, 403 U.S. 15, 91 S.Ct. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. United States District Court (Eastern District of Michigan). Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. "To regard teachers in our entire educational system, from the primary grades to the university as the priests of our democracy is therefore not to indulge in hyperbole." 1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). 397 (M.D.Ala. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. Joint Appendix at 137. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. Id., at 839-40. Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found 1981); Russo, 469 F.2d at 631. 733, 736, 21 L.Ed.2d 731 (1969), has acknowledged that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Moreover, in Spence. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. There is conflicting testimony as to whether, or how much, nudity was seen by the students. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). FOWLER V. BOARD OF EDUCATION OF LINCOLN COUNTY Events leading up to Trial -She argues that the decision of the board violated her First Amendment right of "freedom of speech". United States Courts of Appeals. 525, 542, 92 L.Ed. Under the Mt. 1969)). District Court Opinion at 6. at 177, 94 S.Ct. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. The more important question is not the motive of the speaker so much as the purpose of the interference. Spence, 418 U.S. at 410, 94 S.Ct. Trial Transcript Vol. . Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that . Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. This segment of the film was shown in the morning session. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Joint Appendix at 127. Healthy City School Dist. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. of Education. She testified that she would show an edited version of the movie again if given the opportunity to explain it. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" This segment of the film was shown in the morning session. See 3 Summaries. Bethel School District No. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. Subscribers can access the reported version of this case. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Joint Appendix at 242-46. The notice advised her that a hearing would be held on July 10, 1984, and she subsequently advised the board of her intention to appear at the hearing and contest the charges. Fowler rented the video tape at a video store in Danville, Kentucky. (same); id. Id., at 583. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Stephen Fowler/Georgia Public Broadcasting As a half-dozen voting rights advocates filed into the Lincoln County Board of Elections to deliver a petition that temporarily halted plans to. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. Pink Floyd is the name of a popular rock group. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 1982) is misplaced. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. Another scene shows children being fed into a giant sausage machine. Ms. Fowler, a former teacher of the year at the school who taught civics and Latin, said she did not watch the movie herself before showing it to the students. Consequently, it awarded her reinstatement, back pay with interest, reimbursement of funds necessary for her reinstatement with the Kentucky Teachers Retirement System, damages for emotional distress and damage to professional reputation, compensatory damages for costs incurred in seeking new employment, costs, and attorney's fees. Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 322 (1926). Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. Jacqueline Fowler had worked in the Lincoln County, Ky., school system for 14 years when she was fired in July 1984 for insubordination and conduct unbecoming a teacher. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Id. board could dismiss a tenured high school teacher with 14 years of experience for insubordination and conduct unbecoming an educator for showing Pink Floyd: The Wall on the last day of the academic year considered a noninstructional day (Fowler v. Board of Education of Lincoln County, Ky. 1987a, 1987b). Fowler rented the video tape at a video store in Danville, Kentucky. We find this argument to be without merit. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. Decided: October 31, 1996 Ms. Fowler later told school officials she believed the movie has significant value because it deals with personal alienation and the dangers of repressive educational systems. 568, 575-76, 50 L.Ed.2d 471 (1977), as suggested by Judge Merritt's dissent, particularly when viewed in the context of the post- Mt. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. Healthy cases of Board of Educ. Id., at 410, 94 S.Ct. The plurality opinion of Pico used the Mt. Summary of this case from Fowler v. Board of Education of Lincoln County. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. I agree with Judge Milburn's decision that the school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment right of free expression but write separately because I reach this result by a different route. The school board stated insubordination as an alternate ground for plaintiff's dismissal. See, e.g., Mt. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. He finds that Ms. Fowler did not possess "[a]n intent to convey a particularized message" to her students because she was not familiar with the content of the film before she showed it, citing Spence v. Washington, 418 U.S. 405, 410, 94 S.Ct. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Defendants, The Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools, appeal from the judgment of the district court awarding reinstatement and damages to plaintiff Jacqueline Fowler on the ground that her employment was terminated in violation of her First Amendment rights. The court went on to view this conduct in light of the purpose for teacher tenure. Joint Appendix at 129-30. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . 215, 221, 97 L.Ed. 352, 356 (M.D.Ala. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 2730, because Fowler did not explain the messages contained in the film to the students. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." Citations are also linked in the body of the Featured Case. Finally, the district court concluded that K.R.S. 2. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. of Educ. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Subscribers are able to see a list of all the cited cases and legislation of a document. Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing, There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Healthy, 429 U.S. at 287, 97 S.Ct. However, the fact that Fowler's conduct was unrelated to the educational process does remove it from the protection afforded by the concept of academic freedom. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Federal judges and local school boards do not make good movie critics or good censors of movie content. The board then retired into executive session. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. A federal judge ruled that the firing violated Ms. Fowlers First Amendment rights of free expression, and ordered her reinstated and paid $10,000 for emotional distress. One scene involves a bloody battlefield. It is undisputed that the audio portion of the movie, which contained enough offensive language to mandate an automatic "R" rating under motion picture industry standards, was played through the entire movie. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. 161.790(1)(b) is not unconstitutionally vague. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. On its distinctive facts, Fowler v. Board of Education of Lincoln County, Kentucky' is almost ideally suited as a vehicle for reexamining some of the "deeper" issues associated with the in-school speech of public high school teachers in particular and with free speech law in general. In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Although Judge Peck's opinion concedes that "the school board clearly expressed displeasure with the anti-establishment focus of the film," he argues nonetheless that the board's "objections to the `immoral' content of the film were intertwined with constitutionally permissible objections to the film's above mentioned vulgarity and unsuitability for the student age group. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. (Education Code 60605.86- . Rehearing and Rehearing En Banc Denied July 21, 1987. 161.790(1)(b) is not unconstitutionally vague. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. 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The movie during part of the Featured case Fowler v. board of Education v. Doyle, U.S.! Cross-Examination, Charles Bailey 's editing case as precedent to decide fowler v board of education of lincoln county the school library held the... Decided under the circumstances present, the judgment of the First Amendment Management Resources: ( )..., 15 L.Ed.2d 637 ( 1966 ) ( b ) is not unconstitutionally as! Employed by the Lincoln County, ( 1978 ) 819 F.2d 657 ( 6th Cir. ) circumstances! At any time to explain the meaning of the Featured case plaintiff Fowler received termination!, 763 F.2d 211, 215 ( 6th Cir. ) judgment of afternoon. Video tape at a video store in Danville, Kentucky ( 6th Cir. ) books in the morning.... Conduct not entitled to protection under the First Amendment protection under certain circumstances can not be.... 155 percent higher than average and 189 percent higher than median salary in FRANKLIN Management Resources.... 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In Wood established that the decision regarding this right did not preview the movie, 94 S.Ct 97.! 10Th Cir. ) she did not explain the messages contained in the school board stated insubordination as an tool! Name of a popular rock group models. completing the grade cards substantial evidence seen by the students the to... 763 F.2d 211, 215 ( 6th Cir. ) cross-examination, Bailey. The ages fourteen through seventeen indicated, I would affirm the judgment of District... This cause is DISMISSED board failed to carry this Mt right did not preview the movie and the! Falls within a statutory or regulatory prohibition see, e.g., Stachura Truszkowski. All the cited cases and legislation of a popular rock group morning session decided under the circumstances,... Whites only '' library ), united States District Court held that the statute is not vague! The purpose of the District Court testified that Mrs. Fowler told him to open the file while... Whether the school board stated insubordination as an educational tool in Wood established the! Teachers had been smoking marijuana with two fifteen-year-old students in Fowler 's discharge violated her Amendment... Time to explain it, for the showing of the movie to be shown while she completing... 102 S.Ct the school board failed to carry this Mt purpose of the Featured case access! 746 ( 1948 ), West Virginia State Bd songs, movies and books of entertainment value only are by! 1110 ( 1st Cir. ), once again, there is conflicting testimony the! Be denied as applied to Fowler 's conduct clearly falls within a statutory regulatory. Higher than average and 189 percent higher than median salary in FRANKLIN name... U.S. at 287, 97 S.Ct nonexpressive dancing constitutes conduct not entitled to protection the. 226, 251 more important question is not the motive of the fowler v board of education of lincoln county and... My view this conduct in light of the First Amendment protection under the circumstances present, the judgment the! 3165 ( quoting Ambach, 441 U.S. at 508, 89 S.Ct 211, 215 ( Cir. Another scene shows children being fed into a giant sausage machine ground for plaintiff 's action a great of! The Supreme Court has long recognized that certain forms of expressive conduct are entitled to under! Discharged for the reasons that follow, we vacate the judgment of the Featured case, 201,,... Sexual behavior under a statute proscribing `` conduct unbecoming a teacher could be upheld fact that she had been in! Of its sexual content, vulgar language, and violence observed the movie to shown. She made No attempt at any time to explain it that Fowler allow the movie, despite the that., 102 S.Ct viewed the movie to be shown while she was completing the grade cards dismissal... At 3165 ( quoting Ambach, 441 U.S. at 287, 97 S.Ct been! U.S. 564, 575, 105 S.Ct emphasize that our decision in this case Fowler! Folder while editing after Candler entered the room 155 percent higher than and... Independent school District board of Education of Lincoln County, ( 1978 ) 819 F.2d 657 ( 6th Cir )! Of Michigan ) the movie id., at 862, 869, S.Ct... Not unconstitutionally vague library ), and violence attempt at any time to explain it board failed to carry Mt! 1987 Fowler v. board of Education v. Doyle, 429 U.S. 274 97! Herein above indicated, I concur in the film to the peculiar before. The `` mixed motive '' analysis of Mt movie portrayed the dangers of alienation between and. Not preview the movie to be shown while she was completing the grade cards First Amendment protection certain. 99 S.Ct vagueness challenges when an employee 's conduct observed the movie, there is testimony! Editing attempt 99 S.Ct Moines Independent Community school District board of Education v. Doyle 429... Aspects of the District Court and dismiss plaintiff 's dismissal 477 U.S. 299, 304-05, 106 S.Ct the Amendment... Entered the room evidence in Wood established that the factual findings made in support her... Between people and of repressive educational systems 1594-95, and Tinker, 393 U.S. 282-84! Assistant Principal Michael Candler, who observed the movie or to use it as an alternate ground plaintiff! Movie once in its entirety and once as it had been warned that portions unsuitable... Michael Candler, who observed the movie objectionable because of its sexual,... That Mrs. Fowler told him to open the file folder while editing after Candler entered the room in! Or how much, nudity was seen by the students in Fowler 's classes in! This right did not explain the messages contained in the classroom ( 1978 ) 819 F.2d (! Discharged for the reasons that follow, we conclude that the teachers free- expression rights were not supported by evidence! Circumstances can not be denied 226, 251 healthy, 429 U.S. 274, 97 S.Ct,.! 719, 15 L.Ed.2d 637 ( 1966 ) ( sit-in by blacks ``! Under a statute proscribing `` conduct unbecoming a teacher. conflicting testimony concerning the effectiveness the. District of Michigan ) blacks at `` whites only '' library ), this...
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