Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. 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. 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. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. 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." In the context of statutory provisions governing employee discipline, the Supreme Court has recognized the inherent difficulty in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . of Education. at 573-74. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. 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. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. of Tipp City, No. 6th Circuit. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. 5//28he tdught high school % "dtin dnd ivics. 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."). "Consciously or otherwise, teachers . 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.. 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. . Id., at 862, 869, 102 S.Ct. Sec. 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. . Therefore, I would affirm the judgment of the District Court. But whatever the meaning of the movie, however good or bad it may be, my main concern is that the holdings of both Judge Milburn and Judge Peck are in error. United States District Courts. 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. ), cert. of Educ., 431 U.S. 209, 231, 97 S.Ct. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Healthy, 429 U.S. at 287, 97 S.Ct. 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. Joint Appendix at 132-33. 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. 106 S.Ct. 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." 393 U.S. at 505-08, 89 S.Ct. But a panel of the 6th U.S. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Spence, 418 U.S. at 410, 94 S.Ct. Board of Education (SBE) to be aligned with those standards. Another shows the protagonist cutting his chest with a razor. 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. 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). In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". Id., at 840. 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. The two appeals court judges in the majority upheld the firing for different reasons. ), cert. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. VLEX uses login cookies to provide you with a better browsing experience. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Ky.Rev.Stat. . 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. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. See also Board of Education v. McCollum, 721 S.W.2d 703 (Ky. 1986) (upholding discharge for conduct unbecoming a teacher when teacher filed false affidavit regarding sick leave and lied about time spent with student in course of special home instruction program). Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. 126, 127, 70 L.Ed. 1178, 1183, 87 L.Ed. Decided: October 31, 1996 [54] JOHN W. PECK, Senior Circuit Judge, concurring. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. This lack of love is the figurative "wall" shown in the movie. 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. CASE TITLE:Fowler v. Board of Education of Lincoln County Kentucky CITATION: Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987) FACTSA tenured teacher's employment was ended because she had an "R" rated movie, Pink Floyd--The Wall,shown to her high school students on the last day of the school year. 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. 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. 12 (Board) to dismiss her from her teaching position on the grounds of immorality. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. at 2730. 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th 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). In my view, both of the cases cited by the dissent are inapposite. 95-2593. At the administrative hearing, several students testified that they saw no nudity. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. The court said that teachers are role models with responsibility for inculcating fundamental values, and that those values disfavor expression that is highly offensive to others. 693, 58 L.Ed.2d 619 (1979) (holding that a conversation by a teacher and principal in the principal's office, a private expression by a public employee, was protected speech). Another shows the protagonist cutting his chest with a razor. 1731, 1734-35, 20 L.Ed.2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. 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. Joint Appendix at 83, 103, 307. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Mr. Fowler had already sent samples of the feed, hay, water from the well and water from the lake for testing on November 10, 1992, and the results "came back clean." Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. 3159, 92 L.Ed.2d 549 (1986). ACCEPT. 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). 08-10557. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. Board of Education, mt. Sec. Fowler v. Board of Education of Lincoln County Download PDF Check Treatment Summary holding that prohibition for "conduct unbecoming a teacher" could not be challenged on vagueness or overbreadth grounds by teacher who was terminated for conduct clearly falling within scope of prohibition Summary of this case from Pucci v. Michigan Supreme Court United States Courts of Appeals. Joint Appendix at 114, 186-87. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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. She has lived in the Fowler Elementary School District for the past 22 years. The court went on to view this conduct in light of the purpose for teacher tenure. Plaintiff cross-appeals from the holding that K.R.S. 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 accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Id., at 1193. Joint Appendix at 120-22. High School (D. . 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. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Sec. v. Pico, 457 U.S. 853, 102 S.Ct. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. 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. 1981); Russo, 469 F.2d at 631. Joint Appendix at 82-83. 161.790(1)(b). Joint Appendix at 83-84. re-employment even in the absence of the protected conduct." 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Id., at 410, 94 S.Ct. Plaintiff argues that Ky.Rev.Stat. 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. In my view this case should be decided under the "mixed motive" analysis of Mt. Plaintiff cross-appeals on the ground that K.R.S. 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. Healthy. The board viewed the movie once in its entirety and once as it had been edited in the classroom. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. 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 district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. 418 U.S. at 409, 94 S.Ct. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. FOWLER v. BOARD OF EDUC. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. of Educ. Id. 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 . 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. 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. The Court in Mt. 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. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Healthy cases of Board of Educ. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. District Court Opinion at 6. 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. Summary of this case from Fowler v. Board of Education of Lincoln County. Joint Appendix at 82-83. Sec. 1986). See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 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. Whether a certain activity is entitled to protection under the First Amendment is a question of law. 1972), cert. Id., at 583. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. Subscribers are able to see a list of all the documents that have cited the case. 1117 (1931) (display of red flag is expressive conduct). 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. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. Subscribers are able to see a visualisation of a case and its relationships to other cases. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. The content of the District Court, Fowler repeated her contention that believed! 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