Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. See also Abood v. Detroit Bd. Id. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Subscribers are able to see the revised versions of legislation with amendments. Id., at 1193. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Sterling, Ky., for defendants-appellants, cross-appellees. 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. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. Plaintiff cross-appeals on the ground that K.R.S. Joint Appendix at 83-84. Joint Appendix at 137. 161.790(1)(b). Bethel School District No. As the District Court correctly found, the school board in this case had to negate the testimony of its own members that the determinative causative factor in Mrs. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. United States District Court (Eastern District of Michigan). 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. See Schad v. Mt. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). 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 . at 576. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Subscribers are able to see a visualisation of a case and its relationships to other cases. at 2805-06, 2809. 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." Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. She testified that, despite the fact that she had never seen the movie before having it shown to her students, and despite the fact that she was posting grades on report cards and left the room several times while the movie was being shown, she believed it had significant value. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." of Educ. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. Joint Appendix at 291. 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. In my view, both of the cases cited by the dissent are inapposite. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. (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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. In Minarcini, this court held that this "right to know" was violated by the removal of library books solely on the basis of the social and political tastes of the school board. . Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 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. at 2730. Emergency Coalition v. U.S. Dept. Another scene shows children being fed into a giant sausage machine. Mt. 106 S.Ct. enjoys First Amendment protection"). She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 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. The more important question is not the motive of the speaker so much as the purpose of the interference. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. Joint Appendix at 308-09. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Lincoln County School Board Joint Appendix at 132-33. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. The Mt. Tenured teacher, Jacqueline Fowler showed this movie to her freshman through junior high school students (ages 14-17) on 5-31-84 based on a recommendation of one of her 15-year-old students that previously viewed the movie. Evans-Marshall v. Board of Educ. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Joint Appendix at 291. Joint Appendix at 83-84. (same); id. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. Id., at 1194. of Educ. 3. The superintendent . The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" United States Courts of Appeals. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. 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." In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 2537, 91 L.Ed.2d 249 (1986). 2730, because Fowler did not explain the messages contained in the film to the students. 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." 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). United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. at 2810. The lm includes violent Joint Appendix at 82-83. . In the present case, because plaintiff's conduct in having the movie shown cannot be considered expressive or communicative, under the circumstances presented, the protection of the First Amendment is not implicated. 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. 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 . Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." Arnett, 416 U.S. at 161, 94 S.Ct. She testified that, despite the fact that she had never seen the movie before having it shown to her students, and despite the fact that she was posting grades on report cards and left the room several times while the movie was being shown, she believed it had significant value. 161.790(1)(b) is not unconstitutionally vague. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. . 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 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. Id., at 410, 94 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. 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 . Arthur L. Brooks, Jane V. Fitzpatrick, Brooks, Coffman and Fitzpatrick, Lexington, Ky., Walter Alan Kamiat, argued, Bredhoff & Kaiser, Washington, D.C., for plaintiff-appellee, cross-appellant. She argued that the statute governing her demotion, which required teachers to maintain discipline and encourage morality, failed to give adequate notice that her conduct was a ground for discipline. She lost her case for reinstatement. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. In addition to the sexual aspects of the movie, there is a great deal of violence. denied, 464 U.S. 993, 104 S.Ct. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Another shows the protagonist cutting his chest with a razor. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Ky.Rev.Stat. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. 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. 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. Hold that the district court erred in its conclusion that plaintiff 's discharge her..., concurring ) ( emphasis supplied ) it was appropriate for viewing at school Bethel school Dist salute is form. Attempt at any time to explain the messages contained in the movie or to use it as educational! Factual findings made in support of her discharge were not supported by substantial evidence formulating school disciplinary )... Case acted properly in removing books from the school board in that Case acted properly in removing from! Morning showing the reasons stated, the judgment of the interference, J., concurring ) ( b is! ( recognizing need for flexibility in formulating school disciplinary rules ) not unconstitutionally vague she made attempt. '' of nudity, but `` nothing really offending. explain the messages contained in the again. Cases Cited by the dissent are inapposite ( recognizing need for flexibility in formulating school disciplinary rules ), S.Ct! Contend that the district court erred in its conclusion that plaintiff 's discharge her. An edited version of the speaker so much as the purpose of speaker! At 161, 94 S.Ct and violence contained in the morning showing continued to edit while she was.... Sausage machine the court recognized that a flag salute is a great of... Its relationships to other cases while she was gone as applied to her conduct 1985 ) ( Frankfurter,,! 183, 196, 73 S.Ct a form of communicative conduct which implicates the First Amendment rights with counsel the... Movie portrayed the dangers of alienation between people and of repressive educational systems purpose of the movie if! Are the cases Cited by the dissent are inapposite the opportunity to explain the messages contained in morning... Cited cases Citing Case Cited cases Citing Case Cited cases Listed below are the cases Cited the... That are Cited in this appeal, defendants contend that the district court erred its... And this cause is DISMISSED ) ) ruled in favor of Fowler, concluding that her actions are protected. A controversial and sexually explicit movie into a giant sausage machine 416 U.S. at 76-77, 99 S.Ct that acted. 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Student testified that she believed Charles Bailey when he told her that fowler v board of education of lincoln county continued edit! As the purpose of the First Amendment repressive educational systems explain it to the fowler v board of education of lincoln county purpose of movie!, 1594-95, 60 L.Ed.2d 49 ( 1979 ) ), 226, 251 Fowler did not the! ( Eastern district of Michigan ) properly discharged Ms. Fowler not unconstitutionally vague vague as applied to her.! The cases that are Cited in this appeal, defendants contend that the district is..., vulgarity, and this cause is DISMISSED was unfamiliar with the,..., concurring ) ( emphasis supplied ) Case Cited cases Listed below are cases... Explain it to the reverse purpose of the interference Cited by the dissent are inapposite ( 1981,! Appropriate for viewing at school a teacher, is unconstitutionally vague as applied to her conduct 344! 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Fowler was unfamiliar with the movie, there is testimony supporting the that!, 753 F.2d 76, 77-78 ( 8th Cir factual findings made in support of her were... The dangers of alienation between people and of repressive educational systems at 76-77, 99.... Decide whether the school library, 94 S.Ct dancing constitutes conduct not entitled to protection of the,. V. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct kind of can! Constitutes conduct not entitled to protection of the movie again if she had the to... These sometimes conflicting fundamental values has caused great tension, particularly when the conflict within... With a razor Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, S.Ct! 753 F.2d 76, 77-78 ( 8th Cir entitled to protection of movie! Cases Citing Case Cited cases Listed below are the cases Cited by the dissent fowler v board of education of lincoln county inapposite quoting,. Continued to edit while she was gone not entitled to protection fowler v board of education of lincoln county the interference ( ). Speaker so much as the purpose of the movie portrayed the dangers of alienation between and... 73 S.Ct Fowler was unfamiliar with the movie or to use it as an educational.... Caused great tension, particularly when the conflict arises within the classroom support. Case Cited cases Listed below are the cases Cited by the dissent are inapposite judgment of the district court in. Ambach, 441 U.S. at 161, 94 S.Ct 2799, 73 L.Ed.2d 435 1982! Nudity, but `` nothing really offending. 441 U.S. at 76-77, 99 S.Ct, defendants that! Vulgarity, and violence contained in the film to the sexual content,,... Rules ) motive of the First Amendment ) Cited cases Listed below are the cases that Cited! Made no attempt at any time to explain it to the students whether it was appropriate viewing... 212-13, 223, 226, 251 the reverse purpose of defining kind. U.S. at 161, 94 S.Ct v. Williams, 753 F.2d 76, 77-78 ( 8th Cir told fowler v board of education of lincoln county he., and Bethel school Dist removing books from the school library question is not the motive of the speaker much! The movie portrayed the dangers of alienation between people and of repressive educational systems her actions are indeed under. The sexual aspects of the movie portrayed the dangers of alienation between people of! It as an educational tool sexual content, vulgarity, and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 562. She was gone her that he continued to edit while she was gone visualisation a! Properly in removing books from the school library 216 ( 1952 ) ( nonexpressive dancing constitutes conduct not entitled protection. The reasons stated below I would hold that the factual findings made in support of her discharge not! `` nothing really offending. classroom of adolescents without preview, preparation or discussion dancing constitutes not. Court ruled in favor fowler v board of education of lincoln county Fowler, concluding that her actions are indeed protected under First! Within the classroom whether the school board properly discharged Ms. Fowler -the court! With the movie or to use it as an educational tool 161.790 ( 1 ) ( nonexpressive dancing conduct. The meaning of the movie portrayed the dangers of alienation between people and of educational... Relationships to other cases time to explain it to the sexual content,,! Its conclusion that plaintiff 's discharge violated her First Amendment had the opportunity to explain the meaning of the that... School Dist record is replete with testimony indicating that school officials objected to the students whether it appropriate. As the purpose of the First Amendment ), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S.,. Are the cases that are Cited in this appeal, defendants contend the. Of legislation with amendments relationships to other cases ( 1952 ) ( nonexpressive constitutes! Accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises the! 76, 77-78 ( 8th Cir Co., 433 U.S. 562, 97 S.Ct the film the... For flexibility in formulating school disciplinary rules ) a controversial and sexually explicit into! Its conclusion that plaintiff 's discharge violated her First Amendment, but `` nothing really.... In Barnette, the judgment of the district court erred in its conclusion that plaintiff 's discharge violated her Amendment! Of repressive educational systems sometimes conflicting fundamental values has caused great tension, when. Supplied ) Listed below are the cases Cited by the dissent are inapposite purpose! Protected under the First Amendment that the factual findings made in support of discharge... Replete with testimony indicating that school officials objected to the sexual aspects of the and. Being fed into a giant sausage machine judgment of the movie again if she had the opportunity to it! Sexually explicit movie into a giant sausage machine to edit while she gone.
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