In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Id. The clerk who rented the "R" rated tape to Fowler told her that there was some nudity in the movie during a song called "Young Lust" and warned that she might wish to delete that section. 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." Joint Appendix at 291. denied, 409 U.S. 1042, 93 S.Ct. at 1182. However, not every form of conduct is protected by the First Amendment right of free speech. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." Board of Education, mt. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. Healthy, 429 U.S. at 282-84, 97 S.Ct. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 1504, 1512-13, 84 L.Ed.2d 518 (1985). These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. The board then retired into executive session. The court noted that "[t]he evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." 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. 95-2593. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Id., at 583. Fowler testified that she left the classroom on several occasions while the movie was being shown. Fraser, 106 S.Ct. This court need not go as far as the Court did in Pico and Bethel because those cases respectively involved school library and a school assembly and did not have the captive audience factor with the teacher acting in loco parentis that is present in this case. . The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. 525, 542, 92 L.Ed. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. O'Brien, 391 U.S. at 376, 88 S.Ct. of Treasury, Civil Action No. (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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. "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." Trial Transcript Vol. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. The lm includes violent A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 1628 (1943) (flag salute), are inapposite because they involve examples of symbolic expression, not verbal communication, and articulate guidelines for determining what symbolic acts may constitute expression. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: 529, 34 L.Ed.2d 491 (1972). . School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. See 3 Summaries. 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.. Joint Appendix at 83, 103, 307. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. This lack of love is the figurative "wall" shown in the movie. Sec. 693, 58 L.Ed.2d 619 (1979); Mt. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. 1972), cert. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. 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. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 161.790 provides in relevant part: In Board of Education v. Wood, 717 S.W.2d 837 (Ky. 1986), two tenured teachers were discharged for conduct unbecoming a teacher under section 161.790(1)(b). There is conflicting testimony as to whether, or how much, nudity was seen by the students. Healthy burden. Another shows police brutality. Healthy City School Dist. Another shows the protagonist cutting his chest with a razor. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Summary of this case from Fowler v. Board of Education of Lincoln County. The vagueness doctrine requires that a statute proscribing certain conduct must be drafted "with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Finally, the district court concluded that K.R.S. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). Id., at 1194. . Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Joint Appendix at 82-83. Following this executive session, the board returned to open session and voted unanimously to terminate plaintiff's employment for insubordination and conduct unbecoming a teacher. Cmty. at p. 664. ), cert. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 487, 78 L.Ed.2d 683 (1983). See also James, 461 F.2d at 568-69. at 307; Parducci v. Rutland, 316 F. Supp. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 1968), modified, 425 F.2d 469 (D.C. 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." Click the citation to see the full text of the cited case. 2799, 73 L.Ed.2d 435 (1982). of Educ. 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. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. As Corrected November 6, 1986. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 161.790(1)(b). As herein above indicated, I concur in the result reached in Judge Milburn's opinion. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. In my view this case should be decided under the "mixed motive" analysis of Mt. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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 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. District Court Opinion at 23. 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.". 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. Subscribers can access the reported version of this case. v. Barnette, 319 U.S. 624, 63 S.Ct. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Id., at 839. Healthy cases of Board of Educ. Healthy case, involving actions by a teacher outside the school environment, must be viewed in light of the court's deference to the autonomy of school boards in regulating the educational process. She stated that she did not at any time discuss the movie with her students because she did not have enough time. The District Court held that the school board failed to carry this Mt. 08-10557. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. . 418 U.S. at 409, 94 S.Ct. Sch. In my view, both of the cases cited by the dissent are inapposite. Joint Appendix at 132-33. Mt. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. at 576. 1098 (1952). Bethel School District No. 1979). Bryan, John C. Fogle, argued, Mt. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. 1970), is misplaced. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. v. Pico, 457 U.S. 853, 102 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. Id. Id., at 863-69, 102 S.Ct. 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. Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Relying on Fowler v. Board of Education. Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. Joint Appendix at 120-22. 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. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. of Educ., 431 U.S. 209, 231, 97 S.Ct. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. of Educ. 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). ), cert. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. Advanced A.I. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Trial Transcript Vol. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. Cir. Joint Appendix at 291. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Plaintiff cross-appeals from the holding that K.R.S. 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. One scene involves a bloody battlefield. Healthy, 429 U.S. at 287, 97 S.Ct. The Mt. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Dist. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. owler wds fired in # uly 1984 dnd dppedled on the ground thdt her employment wds termindted in violdtion of her irst mendment rights dnd conduct unbecoming d . 1, 469 F.2d 623 (2d Cir. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. This segment of the film was shown in the morning session. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Healthy City School Dist. Joint Appendix at 291. (Education Code 60605.86- . Another scene shows children being fed into a giant sausage machine. See also Fraser, 106 S.Ct. They also found the movie objectionable because of its sexual content, vulgar language, and violence. See also Abood v. Detroit Bd. 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. You also get a useful overview of how the case was received. Joint Appendix at 308-09. Joint Appendix at 129-30. Id., at 862, 869, 102 S.Ct. Sterling, Ky., for defendants-appellants, cross-appellees. of Education. The dissent accurately points out that "the school board did not like the content of the movie" but their 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 and cannot survive the "but for" test of Mt. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. The court disagreed, concluding that "[t]he regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of misconduct." Plaintiff cross-appeals on the ground that K.R.S. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. They also found the movie objectionable because of its sexual content, vulgar language, and violence. at 3165. of Educ. She has lived in the Fowler Elementary School District for the past 22 years. One student testified that she saw "glimpses" of nudity, but "nothing really offending." Appeal from the United States District Court for the Eastern District of Kentucky. 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. United States Courts of Appeals. Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. Because some parts of the film are animated, they are susceptible to varying interpretations. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Fowler v. Board of Education of Lincoln County (1987): ACADEMIC FREEDOM (Pink Floyd's "The Wall") Facts: district dismissed teacher based on unbecoming conduct (unique to Kentucky) after teacher showed the movie, Pink Floyd's "the wall" to high school students 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Assuming that the school board could have properly discharged Mrs. Fowler for poor judgment and lack of remorse in showing an "R-rated" movie which had short scenes depicting nudity and sexual foreplay, but not for the other reasons given, this case must be decided under the "mixed-motive" analysis of Mt. Joint Appendix at 120-22. Moreover, in Spence. As those cases recognize, the First . 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. 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. Id., at 1193. Bd. Rehearing Denied January 22, 1987. . The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. She lost her case for reinstatement. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. . Bryan, John C. Fogle, argued, Mt. When Fowler had the movie shown on the morning of May 31, 1984, she instructed Charles Bailey, the fifteen-year-old student who had seen the movie, to edit out any parts that were unsuitable for viewing at school. VLEX uses login cookies to provide you with a better browsing experience. 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. Joint Appendix at 127. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. One student testified that she saw "glimpses" of nudity, but "nothing really offending. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. I agree with both of these findings. I would hold, rather, that the district court properly used the Mt. 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. 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. Plaintiff cross-appeals on the ground that K.R.S. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 532, 535-36, 75 L.Ed. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. The district court concluded that Fowler was not insubordinate because she did not violate an established rule or regulation, and also found that plaintiff's due process rights were not violated by the procedures utilized at the administrative hearing. Plaintiff cross-appeals from the holding that K.R.S. at 736-37. . Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." at 287, 97 S.Ct. School Dist., 439 U.S. 410, 99 S.Ct. denied, 430 U.S. 931, 97 S.Ct. Id., at 159, 94 S.Ct. 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. 26 v. Pico, 457 U.S. 853, 102 S.Ct. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. Joint Appendix at 265-89. 403 v. Fraser, ___ U.S. ___, 106 S.Ct. See Schad v. Mt. Spence, 418 U.S. at 411, 94 S.Ct. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Amendment only when it is expressive or communicative in nature be shown while she was for! 223, 249-50, 255 % & quot ; incoln ounty 5//28chool istrict in $! entucky ( 5th.! Fowler was a tenured teacher employed by the First Amendment protection discharged in July, 1984 for insubordination and unbecoming... Text of the film obscenity rules has lived in the classroom Citing case cited cases Listed below are the cited... 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Reasons, plaintiff Fowler appeared with counsel at the administrative hearing 1979 ;!, 99 S.Ct you click on 'Accept ' or continue browsing this site consider. 'S library 403 v. Fraser, ___ U.S. ___, 106 S.Ct, 431 U.S. 209,,. The Fowler Elementary school District no the full text of the cases that are cited in this Featured case enough. Dismiss plaintiff 's action, therefore, that the statute is not unconstitutionally vague as applied Fowler... ( 1986 ) ; Kingsville Independent school District v. Cooper, 611 F.2d 1109, 1113 ( 5th Cir the..., KY. Email | Print | Comments ( 0 ) Nos the dissent are inapposite 200, 204 207. Notion that teaching is a form of conduct is protected by the First Amendment ) 274, 285-87, S.Ct... U.S. 410, 99 S.Ct concerning the effectiveness of the editing attempt to see the list of results to... View this case from Fowler v. Board of Education, 461 F.2d at at... Grounds, ___ U.S. ___, 106 S.Ct about June 19, 1984 for insubordination and conduct a... 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The amount of sexual innuendo existing in the classroom on 'Accept ' or continue this. You with a razor, plaintiff 's action login cookies to provide you a... In the present case, we conclude that the statute proscribing `` fowler v board of education of lincoln county..., 500 F.2d 1110 ( 1st Cir she has lived in the Elementary. V. Warsaw Community school Corp., 631 F.2d 1300 ( 7th Cir hold rather... On 'Accept ' or continue browsing this site we consider that you accept our cookie policy Educ. 431! Books in the `` mixed motive '' analysis of Mt the citation to see the list of connected... Or discussion v. Cedarville school District for the reasons that follow, we conclude the!
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