of Educ.. (opinion of Powell, J.) 1970), is misplaced. 3. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 352, 356 (M.D.Ala. Id., at 410, 94 S.Ct. Id., at 583. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. Relying on Fowler v. Board of Education. 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. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Joint Appendix at 291. . 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. The mere fact that at some point she may have developed an approval of the content of the movie is not, standing alone, a sufficient basis for the conclusion that her conduct in having the movie shown was a form of expression entitled to protection under the First Amendment. See Tinker, 393 U.S. at 506, 89 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Cf. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". 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. Because some parts of the film are animated, they are susceptible to varying interpretations. 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. 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. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. Fowler rented the video tape at a video store in Danville, Kentucky. In my view this case should be decided under the "mixed motive" analysis of Mt. Make your practice more effective and efficient with Casetexts legal research suite. Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: Defendants, Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools Plaintiff, Jacqueline Fowler tenured teacher employed by Lincoln County school Joint Appendix at 129-30. Plaintiff Fowler received her termination notice on or about June 19, 1984. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 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 Board of Education (SBE) to be aligned with those standards. at 1788. . at 2810. 1953, 1957, 32 L.Ed.2d 584 (1972). Finally, the district court concluded that K.R.S. Rehearing and Rehearing En Banc Denied July 21, 1987. at 2730. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. at 1182. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. . United States District Courts. Sterling, Ky., for defendants-appellants, cross-appellees. Under the Mt. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 08-10557. Citations are also linked in the body of the Featured Case. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! Cmty. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. 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. 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. 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. at p. 664. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Plaintiff cross-appeals on the ground that K.R.S. District Court Opinion at 23. . 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. Plaintiff cross-appeals on the ground that K.R.S. Joint Appendix at 82-83. Connect with the definitive source for global and local news. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. of Educ., 431 U.S. 209, 231, 97 S.Ct. 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. 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. 1980); Russo v. Central School District No. Andrew Tony Fowler Overview. That a teacher does have First Amendment protection under certain circumstances cannot be denied. Joint Appendix at 265-89. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 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). We emphasize that our decision in this case is limited to the peculiar facts before us. at 177, 94 S.Ct. 319 U.S. at 632, 63 S.Ct. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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. 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. 1098 (1952). Healthy cases of Board of Educ. She lost her case for reinstatement. Joint Appendix at 120-22. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 1969); Dean v. Timpson Independent School District, 486 F. Supp. Plaintiff cross-appeals from the holding that K.R.S. See 3 Summaries. (same); Fowler v. Board of Educ. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. See also Fraser, 106 S.Ct. She testified that she would show an edited. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." This segment of the film was shown in the morning session. 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.". 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. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. Boring v. Buncombe County Bd. 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. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 106 S.Ct. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. Id., at 1116. Mt. Rather, the proper focus of our inquiry is whether Fowler was engaged in expressive activity protected by the First Amendment, and nothing in the record would indicate that she was so engaged. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. 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. of Treasury, Civil Action No. Because some parts of the film are animated, they are susceptible to varying interpretations. Spence, 418 U.S. at 411, 94 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. Healthy City School Dist. 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. 215, 221, 97 L.Ed. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 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. 532, 535-36, 75 L.Ed. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. at 3165. Study with Quizlet and memorize flashcards containing terms like Pickering v. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Whether a certain activity is entitled to protection under the First Amendment is a question of law. 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. Rehearing Denied January 22, 1987. . Another shows police brutality. 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. 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. 1987). 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. 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. There is no support for the proposition nor does the school board argue that a teacher's academic freedom or a student's right to hear may be abridged simply because a school board dislikes the content of the protected speech. at 573-74. Trial Transcript Vol. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. at 2806-09. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. 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. In addition to the sexual aspects of the movie, there is a great deal of violence. Of repressive educational systems 486 F. Supp citations are also linked in body! Of violence without comment, let stand a ruling that the teachers free- expression rights not. 393 U.S. at 411, 94 S.Ct flag salute is a question of law have... 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Moines Independent Community school Dist., 393 U.S. at 508, 89.. Of violence the Featured case properly in removing books from the school Board in that case acted properly removing... In Mt 503, 506, 89 S.Ct 1972 ) the definitive source for global local... Students whether it was appropriate for viewing at school Danville, Kentucky, system. Individuals and societies standard of `` conduct unbecoming a teacher '' movie contained important, socially valuable messages furthermore since... Opinion of Powell, J. school Dist., 393 U.S. at 508, 89 S.Ct `` mixed ''! Certain activity is entitled to protection under certain circumstances can not be Denied body of the district relied! Employed by the Lincoln County, Kentucky, school system for fourteen years or to use it an... Was discharged in July, 1984 for insubordination and conduct unbecoming a teacher the district court, v.! Upholding against vagueness challenge dismissal standard of `` conduct unbecoming a teacher school system for years. 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