Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Cf. Opinion. 95-2593. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Bryan, John C. Fogle, argued, Mt. In the process, she abdicated her function as an educator. But a panel of the 6th U.S. at 307; Parducci v. Rutland, 316 F. Supp. I at 101. Joint Appendix at 137. 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. 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, 429 U.S. at 282-84, 97 S.Ct. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Fowler testified that she left the classroom on several occasions while the movie was being shown. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. Fraser, 106 S.Ct. of Educ.. (opinion of Powell, J.) 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. Subscribers are able to see a list of all the documents that have cited the case. 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. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. The board then retired into executive session. 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. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Decided June 1, 1987. Joint Appendix at 114, 186-87. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Another shows the protagonist cutting his chest with a razor. 2799, 73 L.Ed.2d 435 (1982). 1953, 1957, 32 L.Ed.2d 584 (1972). The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. Joint Appendix at 82-83. 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). Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. In addition to the sexual aspects of the movie, there is a great deal of violence. Board of Education, mt. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. She has lived in the Fowler Elementary School District for the past 22 years. Sterling, Ky., F.C. 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. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. I at 108-09. At the administrative hearing, several students testified that they saw no nudity. As Corrected November 6, 1986. Another scene shows children being fed into a giant sausage machine. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Arnett, 416 U.S. at 161, 94 S.Ct. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Sec. at 1594-95, and Tinker, 393 U.S. at 508, 89 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. Joint Appendix at 132-33. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. 161.790(1)(b) is not unconstitutionally vague. 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. at 737). We find this argument to be without merit. 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). 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. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Sec. 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." There is conflicting testimony as to whether, or how much, nudity was seen by the students. 1633 (opinion of White, J.) The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. at 576. 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". 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. 2727, 2730, 41 L.Ed.2d 842 (1974). Plaintiff Fowler received her termination notice on or about June 19, 1984. 1117 (1931) (display of red flag is expressive conduct). 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. See Tinker, 393 U.S. at 506, 89 S.Ct. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. Finally, the district court concluded that K.R.S. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 719, 724, 15 L.Ed.2d 637 (1966) (sit-in by black students in "whites only" library was symbolic speech); West Virginia State Board of Education v. Barnette, 319 U.S. 624, 633-34, 63 S.Ct. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. 1982) is misplaced. Another shows the protagonist cutting his chest with a razor. 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. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. 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. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 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. at 2730. at 2730. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. The court went on to view this conduct in light of the purpose for teacher tenure. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. No. 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 She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Because some parts of the film are animated, they are susceptible to varying interpretations. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 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. ." 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). of Educ. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. See also James, 461 F.2d at 568-69. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. In Cohen v. California, 403 U.S. 15, 91 S.Ct. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Id. 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." (same); Fowler v. Board of Educ. Certainly there is greater cause for school board interference when acting within its discretion to establish curriculum, and therefore in requiring a teacher to follow the prescribed curriculum. 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. The Supreme Court has recognized that not every form of "conduct can be labeled `speech' whenever the person engaging in the conduct intends thereby to express an idea." Joint Appendix at 83, 103, 307. Moreover, the surrounding circumstances in the present case indicate that there was little likelihood "that the message would be understood by those who viewed it." 215, 221, 97 L.Ed. I agree with both of these findings. 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. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. Plaintiff cross-appeals from the holding that K.R.S. The lm includes violent The Court in Mt. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Healthy cases of Board of Educ. Joint Appendix at 127. This lack of love is the figurative "wall" shown in the movie. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Sec. 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. Of Educ 418 U.S. 405, 409-12, 94 S.Ct conduct unbecoming a teacher is. Rock star, including his childhood, failed marriage, drug abuse and ruined career 161.790 ( 1,... To her conduct its conclusion that plaintiff 's conduct, although not illegal, constituted serious misconduct conduct... Was being shown contained in the process, she abdicated her function as an educator years! The morning showing in addition to the sexual aspects of the film are animated, are. Into a giant sausage machine you accept our cookie policy, we conclude that plaintiff 's conduct, although illegal... 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