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. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. Decided June 1, 1987. Another shows the protagonist cutting his chest with a razor. at 2810. 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. 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. 1986). 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. Mt. Id., at 839-40. Advanced A.I. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . 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. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Id., at 1193. 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. 06-1215(ESH). Healthy, 429 U.S. at 287, 97 S.Ct. Healthy City School Dist. a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. This lack of love is the figurative "wall" shown in the movie. The case is Fowler vs. Lincoln County Board of Education, 87-657. 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. . at 576. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. One scene involves a bloody battlefield. Summary of this case from Fowler v. Board of Education of Lincoln County. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. . (same); Fowler v. Board of Educ. of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. No. She testified that she would show an edited. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Trial Transcript Vol. 1633 (opinion of White, J.) Joint Appendix at 120-22. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. . High School (D. . at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. 106 S.Ct. 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." denied, 411 U.S. 932, 93 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.". Joint Appendix at 129-30. I agree with both of these findings. 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. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. at 2730. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. Joint Appendix at 129-30. She has lived in the Fowler Elementary School District for the past 22 years. Another scene shows children being fed into a giant sausage machine. United States Court of Appeals, Sixth Circuit. Therefore, he said, her decision to permit the students to see the film is not a form of expression entitled to protection under the First Amendment., Judge John W. Peck, who also said the teacher was fired lawfully, said the school board acted properly in taking action against conduct it considered vulgar and offensive and disruptive of educational process.. . In Fowler, a high school teacher, at the request of her students, showed them Pink Floyd The Wall, an "R" rated film containing nudity and a great deal of violence, on the last day of school while she completed grade cards. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 2730 (citation omitted). (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. In the final analysis. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information District Court Opinion at 6. . 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 . Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. 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 . mistake[s] ha[ve] been committed." 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." 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. 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. Trial Transcript Vol. Colten v. Kentucky, 407 U.S. 104, 110, 92 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 1984). 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. 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. v. Fraser, ___ U.S. ___, 106 S.Ct. Sch. Id. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 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. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 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." 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. Joint Appendix at 242-46. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. denied, 464 U.S. 993, 104 S.Ct. Board of Education (SBE) to be aligned with those standards. 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. 352, 356 (M.D.Ala. The board viewed the movie once in its entirety and once as it had been edited in the classroom. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. . Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). 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. 693, 58 L.Ed.2d 619 (1979); Mt. 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. 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. 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."). Pucci v. Michigan Supreme Court, Case No. 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. at 2805-06, 2809. Bethel School District No. The superintendent . 95-2593. 418 U.S. at 409, 94 S.Ct. See Jarman, 753 F.2d at 77. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." October 16, 1986. 6th Circuit. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. 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. 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. But a panel of the 6th U.S. Joint Appendix at 82-83. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. 393 U.S. at 505-08, 89 S.Ct. She stated that she did not at any time discuss the movie with her students because she did not have enough time. at 576. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. 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. We find this argument to be without merit. . 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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. 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. One student testified that she saw "glimpses" of nudity, but "nothing really offending." FRANKLIN COUNTY BOARD OF EDUCATION. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. re-employment even in the absence of the protected conduct." 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. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. at 1788. Boring v. Buncombe County Bd. United States District Courts. Sec. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. She lost her case for reinstatement. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. Emergency Coalition v. U.S. Dept. 736; James, 461 F.2d at 571. The fundamental principles of due process are violated only when "a statute . 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. 1979). 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. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. Plaintiff cross-appeals from the holding that K.R.S. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. FOWLER v. BOARD OF EDUC. Make your practice more effective and efficient with Casetexts legal research suite. 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. 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. 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 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. 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. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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