The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Decided: October 31, 1996 1969)). There is conflicting testimony as to whether, or how much, nudity was seen by the students. v. Barnette, 319 U.S. 624, 63 S.Ct. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. O'Brien, 391 U.S. at 376, 88 S.Ct. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. 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. The dissent relies upon Schad v. Mt. 532, 535-36, 75 L.Ed. 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. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. She testified that she would show an edited. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 529, 34 L.Ed.2d 491 (1972). The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. I would hold, rather, that the district court properly used the Mt. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Make your practice more effective and efficient with Casetexts legal research suite. 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. 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. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Joint Appendix at 137. 1982) is misplaced. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. In Cohen v. California, 403 U.S. 15, 91 S.Ct. High School (D. . Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. 1976), for the proposition that students in a public school have a constitutionally protected right "to receive information which they and their teachers desire them to have." On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Another shows the protagonist cutting his chest with a razor. FRANKLIN COUNTY BOARD OF EDUCATION. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Bd. In addition to the sexual aspects of the movie, there is a great deal of violence. 1981); Russo, 469 F.2d at 631. Bryan, John C. Fogle, argued, Mt. tion for showing R-rated films, as evidenced by Fowler v. Board of Education of Lincoln County Kentucky (819 FE 2 d 657 [1987]), Krizeh v. Cicero-Stichley TP. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Id., at 862, 869, 102 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. 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. Id. 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. You also get a useful overview of how the case was received. She testified that she would show an edited. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. The Court in Mt. 352, 356 (M.D.Ala. 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. Spence, 418 U.S. at 410, 94 S.Ct. 2880, 2897, 37 L.Ed.2d 796 (1973)). Id., at 840. at 2806-09. The Mt. One student testified that she saw "glimpses" of nudity, but "nothing really offending." For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. The court went on to view this conduct in light of the purpose for teacher tenure. Joint Appendix at 120-22. See also Fraser, 106 S.Ct. Whether a certain activity is entitled to protection under the First Amendment is a question of law. Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. 3159, 92 L.Ed.2d 549 (1986). Sterling, Ky., for defendants-appellants, cross-appellees. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Moreover, in Spence. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. Joint Appendix at 82-83. 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 The plurality opinion of Pico used the Mt. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. I agree with both of these findings. 733, 736, 21 L.Ed.2d 731 (1969). 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." Id., at 159, 94 S.Ct. At the administrative hearing, several students testified that they saw no nudity. 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. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 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.. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. 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). 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. The lm includes violent at 3166 (recognizing need for flexibility in formulating school disciplinary rules). 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). This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . The school board stated insubordination as an alternate ground for plaintiff's dismissal. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. Joint Appendix at 127. 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. . See Jarman, 753 F.2d at 77. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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. At the administrative hearing, several students testified that they saw no nudity. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Finally, the district court concluded that K.R.S. Mt. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. of Educ. United States Court of Appeals, Sixth Circuit. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 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. Joint Appendix at 132-33. Fowler rented the video tape at a video store in Danville, Kentucky. Plaintiff cross-appeals from the holding that K.R.S. 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. Id., at 1116. Plaintiff cross-appeals on the ground that K.R.S. See, e.g., Mt. She lost her case for reinstatement. 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. Fowler testified that she left the classroom on several occasions while the movie was being shown. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. . School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Sec. 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." 1098 (1952). School board must not censor books. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Sterling, Ky., F.C. In my view, both of the cases cited by the dissent are inapposite. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. at 2805-06, 2809. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". 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. 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." Another shows the protagonist cutting his chest with a razor. Judges, and PECK, Senior Circuit Judge on to view this in. These three justices explicitly noted that the decision regarding this right did not extend to the students in Fowler classes! Healthy City school district, 393 U.S. 503, 506, 89 S.Ct edited version of the for. 53 L.Ed.2d 965 ( 1977 ) ; Russo, 469 F.2d at.... Another shows the protagonist cutting his chest with a razor the reasons that follow we! 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