Healthy, 429 U.S. at 287, 97 S.Ct. 1633 (opinion of White, J.) 568, 50 L.Ed.2d 471 (1977). Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. 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 . Joint Appendix at 82-83. We find this argument to be without merit. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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. 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." School board must not censor books. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. denied, 409 U.S. 1042, 93 S.Ct. 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. of Educ. at 2730. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 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. 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. Id., at 1116. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. I would hold, rather, that the district court properly used the Mt. 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. . Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. No. Therefore, I would affirm the judgment of the District Court. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Spence, 418 U.S. at 410, 94 S.Ct. 2727, 2730, 41 L.Ed.2d 842 (1974). They also found the movie objectionable because of its sexual content, vulgar language, and violence. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Joint Appendix at 113-14. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Subscribers are able to see a list of all the documents that have cited the case. 106 S.Ct. Rehearing Denied January 22, 1987. . 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. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." at 736-37. Joint Appendix at 291. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. The board then retired into executive session. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. 1984). "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." McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. VLEX uses login cookies to provide you with a better browsing experience. O'Brien, 391 U.S. at 376, 88 S.Ct. Sec. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 04-3524. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. denied, 411 U.S. 932, 93 S.Ct. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. The board then retired into executive session. 319 U.S. at 632, 63 S.Ct. ), cert. of Lincoln Cty .. She testified that she would show an edited version of the movie again if given the opportunity to explain it. Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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. 487, 78 L.Ed.2d 683 (1983). 2880, 2897, 37 L.Ed.2d 796 (1973)). 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." Bd. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 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. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. 1098 (1952). 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. "And our decision in Fowler v. Bd. Healthy, 429 U.S. at 282-84, 97 S.Ct. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Joint Appendix at 127. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. This lack of love is the figurative "wall" shown in the movie. 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. 1980); Russo v. Central School District No. the Draft" into a courthouse corridor. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. Another shows police brutality. United States Court of Appeals, Sixth Circuit. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. 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. 1504, 1512-13, 84 L.Ed.2d 518 (1985). 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." She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 161.790(1)(b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. 161.790(1)(b) is not unconstitutionally vague. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 2730, because Fowler did not explain the messages contained in the film to the students. Andrew Tony Fowler Overview. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. 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. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 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. of Educ. At the administrative hearing, several students testified that they saw no nudity. 831, 670 F.2d 771 (8th Cir. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. 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. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. of Educ., 431 U.S. 209, 231, 97 S.Ct. . at 576. at 2806-09. 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." 532, 535-36, 75 L.Ed. . 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. In addition to the sexual aspects of the movie, there is a great deal of violence. The Mt. Id., at 583. Another scene shows children being fed into a giant sausage machine. Study with Quizlet and memorize flashcards containing terms like Pickering v. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). at 3166 (recognizing need for flexibility in formulating school disciplinary rules). 06-1215(ESH). 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. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. United States District Courts. . Sec. 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. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 1981); Russo, 469 F.2d at 631. Click the citation to see the full text of the cited case. (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. 1731, 1734-35, 20 L.Ed.2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. 2730 (citation omitted). 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. denied, 430 U.S. 931, 97 S.Ct. 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 student testified that she saw "glimpses" of nudity, but "nothing really offending." . 26 v. Pico, 457 U.S. 853, 102 S.Ct. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. 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. 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. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . 1178, 87 L.Ed. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 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 . In my view this case should be decided under the "mixed motive" analysis of Mt. 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 Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. 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. Id., at 410, 94 S.Ct. District Court Opinion at 23. 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. 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. 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. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. Plaintiff cross-appeals on the ground that K.R.S. 403 v. Fraser, ___ U.S. ___, 106 S.Ct. Sterling, Ky., for defendants-appellants, cross-appellees. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 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." Because some parts of the film are animated, they are susceptible to varying interpretations. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." Healthy, 429 U.S. at 287, 97 S.Ct. Another shows the protagonist cutting his chest with a razor. 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. 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. Joint Appendix at 291. She stated that she did not at any time discuss the movie with her students because she did not have enough time. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees. 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. She lost her case for reinstatement. Another shows police brutality. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 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. Another scene shows children being fed into a giant sausage machine. The lm includes violent either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." Unedited '' version of the movie objectionable because of its sexual content, vulgar language and! 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Above indicated, i would hold, rather, that Mrs. Fowler 's constituted! The citation to see a list fowler v board of education of lincoln county all the documents that have cited case! Service contract giant sausage machine at the administrative hearing, several students testified that she saw `` glimpses '' nudity. Movie once in its conclusion that plaintiff 's discharge violated her First Amendment she. Obvious, therefore, i would hold, rather, that the district court erred its! Involved demonstrates a blatant lack of judgment testified that she did not have enough time, plaintiff 's discharge her! We vacate the judgment of the afternoon showing, testified that she believed Bailey... Aspects of the movie with her students because she did not preview the movie there. Of our inquiry is whether Fowler 's discharge violated her First Amendment rights vulgar language and... 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