See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. . The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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." 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. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. at 1594-95. 1979). Cf. 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 Because we conclude that plaintiff's discharge may be upheld under the charge of conduct unbecoming a teacher, we need not reach this issue. View Andrew Tony Fowler Full Profile . Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." 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. 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. The lm includes violent Sch. It is also undisputed that she left the room on several occasions while the film was being shown. Opinion of Judge Peck at p. 668. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. See Jarman, 753 F.2d at 77. 106 S.Ct. She stated that she did not at any time discuss the movie with her students because she did not have enough time. 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. 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. Decided June 1, 1987. Joint Appendix at 321. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . O'Brien, 391 U.S. at 376, 88 S.Ct. 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). Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. The more important question is not the motive of the speaker so much as the purpose of the interference. You also get a useful overview of how the case was received. See Schad v. Mt. at 2730. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. denied, ___ U.S. ___, 106 S.Ct. 777, 780-81, 96 L.Ed. Fowler rented the video tape at a video store in Danville, Kentucky. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Evans-Marshall v. Board of Educ. Id., at 410, 94 S.Ct. Joint Appendix at 308-09. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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. denied, 464 U.S. 993, 104 S.Ct. . The superintendent . . McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 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. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. But a panel of the 6th U.S. 39 Ed. 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. 1969)). Click the citation to see the full text of the cited case. 04-3524. Among the "special circumstances" which must be considered in defining the scope of First Amendment protection inside the classroom is the "inculcat[ion of] fundamental values necessary to the maintenance of a democratic political system." at 2810. Joint Appendix at 242-46. Whether a certain activity is entitled to protection under the First Amendment is a question of law. 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. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. Plaintiff Fowler received her termination notice on or about June 19, 1984. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. at 2730. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. No. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." of Educ. Fowler rented the video tape at a video store in Danville, Kentucky. 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. Joint Appendix at 265-89. 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. 06-1215(ESH). Finally, the district court concluded that K.R.S. Healthy City School Dist. of Educ.. (opinion of Powell, J.) at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. Plaintiff cross-appeals from the holding that K.R.S. High School (D. . A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Because some parts of the film are animated, they are susceptible to varying interpretations. 2537, 91 L.Ed.2d 249 (1986). Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. United States District Court (Eastern District of Michigan). Another shows the protagonist cutting his chest with a razor. at 287, 97 S.Ct. 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. 161.790(1)(b) is not unconstitutionally vague. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Joint Appendix at 82-83. at 736-37. at 3165. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. Fraser, 106 S.Ct. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. 1984). Moreover, in Spence. 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. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 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. One scene involves a bloody battlefield. . The case is Fowler vs. Lincoln County Board of Education, 87-657. Healthy City School Dist. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 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. See also Board of Education v. McCollum, 721 S.W.2d 703 (Ky. 1986) (upholding discharge for conduct unbecoming a teacher when teacher filed false affidavit regarding sick leave and lied about time spent with student in course of special home instruction program). On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 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. 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, . In addition to the sexual aspects of the movie, there is a great deal of violence. 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. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. 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. 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. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: Defendants, Board of Education of Lincoln County, Kentucky, individual board members, and the Superintendent of the Lincoln County Schools Plaintiff, Jacqueline Fowler tenured teacher employed by Lincoln County school Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Healthy cases of Board of Educ. 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. 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