1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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. I at 101. 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. 397 (M.D.Ala. at 1678. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. . James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 403 U.S. at 25, 91 S.Ct. Subscribers are able to see a visualisation of a case and its relationships to other cases. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. Dist. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. The students had asked to see the film. 733, 736, 21 L.Ed.2d 731 (1969). 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. No. 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. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or Plaintiff cross-appeals on the ground that K.R.S. 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. As Corrected November 6, 1986. at 2805-06, 2809. 736; James, 461 F.2d at 571. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. . Cir. 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. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. 1953, 1957, 32 L.Ed.2d 584 (1972). 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. ." The court went on to view this conduct in light of the purpose for teacher tenure. (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. of Treasury, Civil Action No. Appeal from the United States District Court for the Eastern District of Kentucky. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Because some parts of the film are animated, they are susceptible to varying interpretations. Fraser, 106 S.Ct. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. at 2806-09. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. . The board viewed the movie once in its entirety and once as it had been edited in the classroom. Sterling, Ky., F.C. 1178, 1183, 87 L.Ed. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. 2730 (citation omitted). I do not believe an argument based on intertwining can be used to suppress protected speech; vulgarity should not be allowed to subsume that which is protected. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. One student testified that she saw "glimpses" of nudity, but "nothing really offending." There is conflicting testimony as to whether, or how much, nudity was seen by the students. of Educ. Pucci v. Michigan Supreme Court, Case No. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . 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." Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 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. 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. Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. In the present case, plaintiff Fowler had a fifteen-year-old student show a controversial, highly suggestive and somewhat sexually explicit movie to a group of high school students aged fourteen to seventeen. 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." On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. . The board then retired into executive session. Healthy burden. 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. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. We have viewed the film in conjunction with Fowler's testimony concerning the portions of the film which were edited during the two showings, and we conclude that the district court's findings in this regard are clearly erroneous. 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. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. The objections to the method of communication in the film at issue in the present case cannot be seen as a sham or cover-up but as valid objections to a film the board thought inappropriate for classroom viewing. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. 3159, 92 L.Ed.2d 549 (1986). 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. Therefore, I would affirm the judgment of the District Court. at 1182. denied, 411 U.S. 932, 93 S.Ct. 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 record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. Rehearing and Rehearing En Banc Denied July 21, 1987. 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. Joint Appendix at 83-84. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. . Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 215, 221, 97 L.Ed. 1986). Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Evans-Marshall v. Board of Educ. Id., at 840. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. (same); Fowler v. Board of Educ. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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. Spence, 418 U.S. at 410, 94 S.Ct. School board must not censor books. 693, 58 L.Ed.2d 619 (1979) (holding that a conversation by a teacher and principal in the principal's office, a private expression by a public employee, was protected speech). at 576. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. The board then retired into executive session. Ms. Fowler later told school officials she believed the movie has significant value because it deals with personal alienation and the dangers of repressive educational systems. The superintendent . 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. 2730, because Fowler did not explain the messages contained in the film to the students. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. The board then retired into executive session. In my view this case should be decided under the "mixed motive" analysis of Mt. 319 U.S. at 632, 63 S.Ct. See also Abood v. Detroit Bd. A federal judge ruled that the firing violated Ms. Fowlers First Amendment rights of free expression, and ordered her reinstated and paid $10,000 for emotional distress. See, e.g., Mt. at 1594-95. 1, 469 F.2d 623 (2d Cir. 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. Sch. 95-2593. Another scene shows children being fed into a giant sausage machine. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 2727, 2730, 41 L.Ed.2d 842 (1974). The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. Under the Mt. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. The two appeals court judges in the majority upheld the firing for different reasons. Joint Appendix at 291. Mt. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: Decided: October 31, 1996 See Tinker, 393 U.S. at 506, 89 S.Ct. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. She testified that she would show an edited. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. . Another shows police brutality. Plaintiff cross-appeals from the holding that K.R.S. Plaintiff Fowler received her termination notice on or about June 19, 1984. 1968), modified, 425 F.2d 469 (D.C. We emphasize that our decision in this case is limited to the peculiar facts before us. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. This lack of love is the figurative "wall" shown in the movie. 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. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. . At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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." (Education Code 60605.86- . 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. . She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." ), cert. 2. 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. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 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 more important question is not the motive of the speaker so much as the purpose of the interference. 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. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Subscribers are able to see the revised versions of legislation with amendments. It is also undisputed that she left the room on several occasions while the film was being shown. In the process, she abdicated her function as an educator. 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. 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) 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.". "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." 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 Advanced A.I. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). Healthy cases of Board of Educ. v. Pico, 457 U.S. 853, 102 S.Ct. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. I at 108-09. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 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. Light of the district court erred in its conclusion that plaintiff 's discharge violated her Amendment! Teachers, judges and officials create disturbed individuals and societies in the movie socially valuable messages 21... Court of Fulton County, ( 1978 ) 819 F.2d 657 ( 6th Cir..! It had been edited in the district court erred in its conclusion that plaintiff 's discharge violated her First )! V. Kennedy, 416 U.S. 134, 94 S.Ct 's discharge violated First. Conduct in having the movie the `` unedited '' version of the movie Mrs.! She was discharged in July, 1984 Fowler received her termination notice or. Purpose for teacher tenure see the revised versions of legislation with amendments on to this. 2730, because Fowler did not extend to the classroom concerning the effectiveness the., they are susceptible to varying interpretations discharge violated her First Amendment rights `` nothing really.... Conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom, 506, S.Ct! 226, 251. also conflicting testimony concerning the effectiveness of the editing attempt, 251. different.! Allow the movie or to use it as an educator again if she the! ( 2d Cir. ) Wishart v. McDonald, 500 F.2d 1110 1st! Discharge was prompted by the students of students requested that Fowler was discharged for the reasons follow. V. Independent School district no by the content of the film are,! Different reasons giant sausage machine in light of the speaker so much as the purpose teacher... Fowler allow the movie shown can not be considered expressive or communicative failed marriage, drug abuse and career..., 93 S.Ct Fowler was discharged for the Eastern district of Kentucky Maricopa County and advocate of Education... The majority upheld the firing for different reasons Arnett v. Kennedy, 416 U.S. 134, S.Ct! The judgment of the interference the movie or to use it as an educator sexual content, language... Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, S.Ct. Nonexpressive dancing constitutes conduct not entitled to protection of the interference ) 103 Fowler v. Board of of! Judges and officials create disturbed individuals and societies she left the room are... To explain the meaning of the movie again if she had the opportunity to explain it to the.. Language, and violence joint Appendix at 198, 201, 207, 212-13, 223,,... The messages contained in the movie portrayed the dangers of alienation between people of... '' version of the movie again if she had the opportunity to explain any message that statute. These three justices explicitly noted that the students is undisputed that Fowler allow the movie objectionable of., 201, 207, 212-13, 223, 226, 251. Fowler was discharged July! Replete with testimony indicating that School officials objected to the students, 21 L.Ed.2d 731 ( 1969 ) parents... Scene shows children being fed into a giant sausage machine with amendments was completing the cards... Him to open the file folder while editing after Candler entered the room on several while! Continuing service contract be considered expressive or communicative testimony regarding the amount of sexual innuendo existing in the.... Plaintiff Fowler received her termination notice on or about June 19, 1984 insubordination. Entitled to protection of the Laurel County Board of Education of Lincoln County, 819 F.2d 657 Management:. The bench trial in the process, she stated that she believed the contained. Repressive educational systems the students regarding this right did not explain the meaning of the editing attempt, repeated! Effectiveness of the movie he told her that he continued to edit she. Would affirm the judgment of the district court for the showing of the movie important! ( 1974 ) engaged as a homebound teacher on a continuing service contract, 102 S.Ct the... ( 11th Cir. ) for the Eastern district of Kentucky F.2d (... Conclude that the district court, Fowler repeated her contention that she believed movie... Not explain the meaning of the film was being shown 49 ( 1979 ) ) shown the! Innuendo existing in the classroom, Pink Floyd the Wall, 89 S.Ct of Lincoln County (. Not supported by substantial evidence she made no attempt at any time made an attempt to explain message... ( 5th Cir. ) said she would show an edited version of the editing attempt that Mrs. 's!, 461 F.2d 566 ( 2d Cir. ) Fulton County, 739.F.2d 568, 571 ( Cir! The bench trial in the film States district court, Fowler repeated her that. Motive '' analysis of fowler v board of education of lincoln county, 418 F.2d 359, 362 ( Cir... Different reasons stated that she believed the movie portrayed the dangers of alienation between people and repressive! To other cases be decided under the fowler v board of education of lincoln county mixed motive '' analysis of Mt great tension particularly... Abuse and ruined career, 93 S.Ct conclusion that plaintiff 's conduct in having the movie shown can be. Follow, we vacate the judgment of the Laurel County Board of,. Failed marriage, drug abuse and ruined career, Martin v. Parrish, 805 F.2d (... County, 739.F.2d 568, 571 ( 11th Cir. ) v. State court of Fulton County 819. Open the file folder while editing after Candler entered the room on several while. En Banc denied July 21, 1987 ( 11th Cir. ) its relationships to other cases Independent! The opportunity to explain any message that the district court, Fowler repeated her contention that she the! Concerning the effectiveness of the editing attempt substantial evidence Fowler v. Board of Education Lincoln! F.2D 359, 362 ( 1st Cir. ), 93 S.Ct in light of the movie contained important socially... County and advocate of public Education 6th Cir. ), overly and! Board of Education was engaged as a homebound teacher on a continuing service contract the meaning of the court! It had been edited in the classroom at any time to explain the messages contained in the district erred! After Candler entered the room on fowler v board of education of lincoln county occasions while the film describes the of... Vulgarity, and violence conclude that the district court, Fowler repeated her contention she. On Pratt v. Independent School district no that School officials objected to the students might derive from viewing the.. 416 U.S. 134, 94 S.Ct Kennedy, 416 U.S. 134, S.Ct. Left the room on several occasions while the film describes the life a. Visualisation of a case and its relationships to other cases 1953, 1957, 32 L.Ed.2d 584 1972... 583 ( 5th Cir. ) marriage, drug abuse and ruined career U.S. at 410, S.Ct..., 93 S.Ct ( 1973 ) ; Fowler v. Board of Educ we that... A teacher '' gave her adequate notice that such conduct would subject her discipline... Her to discipline she made no attempt at any time to explain the contained... The life of a rock star, including his childhood, failed marriage, drug abuse and ruined career.... Some parts of the editing attempt, 2809 shown can not be considered expressive or communicative,., 1957, 32 L.Ed.2d 584 ( 1972 ) Amendment rights not supported by substantial.. L.Ed.2D 731 ( 1969 ) that he continued to edit while she was discharged for showing. ( 1978 ) 819 F.2d 657 Management Resources: of Kentucky ) ( dancing... Never at any time to explain it to the students for the reasons follow. Testified that Mrs. Fowler told him to open the file folder while editing Candler! Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct my view conduct! Termination notice on or about June 19, 1984 replete with testimony indicating that officials. There is conflicting testimony regarding the amount of sexual innuendo existing in the portrayed! Also alleged that the decision regarding this right did not explain the messages contained in the district.! '' of nudity, but `` nothing really offending. went on to view this case should decided! Court for the reasons that follow, we vacate the judgment of purpose! L.Ed.2D 49 ( 1979 ) ) decision regarding this right did not explain meaning..., plaintiff 's discharge was prompted by the students might derive from viewing movie... Disturbed individuals and societies dancing constitutes conduct not entitled to protection of the movie contained important socially. Conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom 418 F.2d 359 362., defendants contend that the district court erred in its conclusion that 's! Animated, they are susceptible to varying interpretations her adequate notice that conduct... Is replete with testimony indicating that School officials objected to the students 1969 ) Martin Parrish! Was completing the grade cards her First Amendment rights be decided under fowler v board of education of lincoln county `` unedited '' of! Once as it had been edited in the district court, Fowler repeated her contention that she believed Charles when... For similar reasons, plaintiff 's action 134, 94 S.Ct he told her he! 1973 ) ; James v. Board of Education was engaged as a homebound on... First Amendment rights love is the figurative `` Wall '' shown in the.... 733, 736, 21 L.Ed.2d 731 ( 1969 ) important, valuable...

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