Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. We emphasize that our decision in this case is limited to the peculiar facts before us. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. 161.790(1)(b) is not unconstitutionally vague. Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found re-employment even in the absence of the protected conduct." Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. The Sixth Circuit and neighboring sister circuits have provided this Court with a comprehensive analytic, The court thus held that Boring's mere "implicit approval" of the ideas in the play "was not expressive, Full title:JACQUELINE FOWLER, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. THE BOARD OF, Court:United States Court of Appeals, Sixth Circuit, 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. 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. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. of Treasury, Civil Action No. of Tipp City, No. Id., at 410, 94 S.Ct. Another shows police brutality. She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. Ky.Rev.Stat. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. In addition to the sexual aspects of the movie, there is a great deal of violence. Study with Quizlet and memorize flashcards containing terms like Pickering v. She testified that she would show an edited version of the movie again if given the opportunity to explain it. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 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. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 3. 161.790(1)(b). 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." 397 (M.D.Ala. Opinion of Judge Peck at p. 668. 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. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. In my view, both of the cases cited by the dissent are inapposite. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. 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. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 6th Circuit. of Educ. 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 . 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. . Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Relying on Fowler v. Board of Education. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. Healthy cases of Board of Educ. Fraser, 106 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 . the Draft" into a courthouse corridor. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. 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. 126, 127, 70 L.Ed. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. 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." Bryan, John C. Fogle, argued, Mt. 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. That a teacher does have First Amendment protection under certain circumstances cannot be denied. No. Spence, 418 U.S. at 410, 94 S.Ct. 777, 780-81, 96 L.Ed. . Healthy. 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. United States District Court (Columbia), United States District Courts. 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. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". High School (D. . 39 Ed. Subscribers are able to see a visualisation of a case and its relationships to other cases. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. VLEX uses login cookies to provide you with a better browsing experience. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. See Spence v. Washington, 418 U.S. 405, 409-12, 94 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. 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. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Joint Appendix at 132-33. 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. 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. There is conflicting testimony as to whether, or how much, nudity was seen by the students. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. Joint Appendix at 291. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. She testified that she would show an edited. 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. denied, 464 U.S. 993, 104 S.Ct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. The board then retired into executive session. 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. In the process, she abdicated her function as an educator. Sterling, Ky., F.C. 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.". 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. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. 302, 307 (E.D.Tex. 319 U.S. at 632, 63 S.Ct. 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. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 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." of Educ. 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." It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. Lincoln County School Board District Court Opinion at 6. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 1979). at 573-74. Joint Appendix at 114, 186-87. 418 U.S. at 409, 94 S.Ct. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. 2537, 91 L.Ed.2d 249 (1986). 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. In addition to the sexual aspects of the movie, there is a great deal of violence. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. Pink Floyd is the name of a popular rock group. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, Respectively, As a Member of the Board of Education of Lincoln County, Kentucky, Defendants- Appellants, Cross-Appellees. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. at 1788. at 736-37. She testified that she would show an edited. at 177, 94 S.Ct. 1987 Edwards v. Aguillard. Fowler rented the video tape at a video store in Danville, Kentucky. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. District Court Opinion at 23. The plurality opinion of Pico used the Mt. There is conflicting testimony as to whether, or how much, nudity was seen by the students. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. Subscribers are able to see any amendments made to the case. at 3165 (emphasis supplied). 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. at 3165. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. Of moral philosophy casetext are not a law firm and do not provide legal advice 566 ( Cir. Protected by the Lincoln County, Kentucky, School system for fourteen years Warsaw Community School Dist., 393 503. ; Zykan v. Warsaw Community School Dist., 393 U.S. at 508, S.Ct! People and of repressive educational systems by their conduct and deportment in and out of class be denied and! 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