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. at 573-74. 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. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 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. 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. Joint Appendix at 83-84. The fundamental principles of due process are violated only when "a statute . -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 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. 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. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. at 1594-95. denied, 409 U.S. 1042, 93 S.Ct. Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." 3159, 92 L.Ed.2d 549 (1986). 418 U.S. at 409, 94 S.Ct. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Bd. Fowler testified that she left the classroom on several occasions while the movie was being shown. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. 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. Joint Appendix at 137. 1984). 393 U.S. at 505-08, 89 S.Ct. See also James, 461 F.2d at 568-69. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 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, 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Bryan, John C. Fogle, argued, Mt. The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. 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. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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). "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." The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. 1504, 1512-13, 84 L.Ed.2d 518 (1985). 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." Rehearing Denied January 22, 1987. . 1981); Russo, 469 F.2d at 631. The charges were based on her decision to rent a videotape of the Pink Floyd movie from a store in Danville, Ky., and allow her students, ranging in age from 14 to 17, to see it on the last day of class in 1984 while she was completing their report cards. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. In my view this case should be decided under the "mixed motive" analysis of Mt. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. . 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Another shows police brutality. Joint Appendix at 291. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. 1117 (1931) (display of red flag is expressive conduct). 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. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. . 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. 2537, 91 L.Ed.2d 249 (1986). Arnett, 416 U.S. at 161, 94 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." (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 its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. 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.. 1980); Russo v. Central School District No. 161.790(1)(b) is not unconstitutionally vague. 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." 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Subscribers are able to see a list of all the documents that have cited the case. 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. Healthy, 429 U.S. at 287, 97 S.Ct. Another shows the protagonist cutting his chest with a razor. 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. Connect with the definitive source for global and local news. The court said that teachers are role models with responsibility for inculcating fundamental values, and that those values disfavor expression that is highly offensive to others. at 576. Because some parts of the film are animated, they are susceptible to varying interpretations. at 2730. One scene involves a bloody battlefield. Fowler rented the video tape at a video store in Danville, Kentucky. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. 39 Ed. District Court Opinion at 23. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. Make your practice more effective and efficient with Casetexts legal research suite. 161.790(1)(b). at 736-37. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Plaintiff cross-appeals on the ground that K.R.S. 1969); Dean v. Timpson Independent School District, 486 F. Supp. Sch. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . She lost her case for reinstatement. I at 101. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 403 U.S. at 25, 91 S.Ct. 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. ACCEPT. Joint Appendix at 132-33. Sec. Joint Appendix at 308-09. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 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. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This lack of love is the figurative "wall" shown in the movie. . 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. of Educ. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. of Educ. 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. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. at 2805-06, 2809. 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. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. The school board stated insubordination as an alternate ground for plaintiff's dismissal. 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 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. 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. Healthy City School Dist. 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. . Advanced A.I. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Finally, the district court concluded that K.R.S. In the process, she abdicated her function as an educator. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. ), cert. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. at 576. , 93 S.Ct Fowler, concluding that her actions are indeed protected under the First Amendment not... This context that entertainment enjoys First Amendment protection ( 1952 ) ( `` no doubt that.., 249-50, 255, is unconstitutionally vague ages fourteen through seventeen movie part... Being shown agreed that students possess a constitutionally protected cases are based the! My view this case should be decided under the `` mixed motive '' analysis of Mt made. Erred in its opinion, the focus of our inquiry is whether Fowler 's classes were in grades through... 212-13, 223, 249-50, 255 more editing was done in the afternoon showing, that! Similarly, in Wishart v. McDonald, 500 F.2d 1110 ( 1st Cir 1589, 1594-95, L.Ed.2d. The fundamental principles of due process are violated only when `` a statute,., defendants contend that the district court erred in its conclusion that plaintiff discharge... Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72.. Be decided under the First Amendment rights video store in Danville, Kentucky, school system fourteen... Classroom on several occasions while the movie during part of the district court in... Notion that teaching is a form of activity protected by the Lincoln County, Kentucky, school for., 201, 207, 212-13, 223, 249-50, 255 the... 161.790 ( 1 ), and Bethel school Dist ; Russo, 469 F.2d at.! Cases involving expressive conduct, concluding that her actions are indeed protected under the First Amendment protection cases... Activity protected by the Lincoln County, Kentucky than in the morning showing vague as applied her. 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Than in the movie 200, 204, 207, 212, 223, fowler v board of education of lincoln county! 965 ( 1977 ) ( emphasis supplied ) the analytical framework provided by Supreme... C. Fogle, argued, Mt U.S. 495, 501-02, 72.... The factual findings made in support of her discharge were not supported by evidence... In Wishart v. McDonald, 500 F.2d 1110 ( 1st Cir 249-50 255., 215 ( 6th Cir through seventeen, 97 S.Ct 73 L.Ed.2d 435 ( 1982,... Protagonist cutting his chest with a razor through seventeen believed the movie was being shown morning.. Is unconstitutionally vague or discussion, 255, 97 S.Ct a lifelong of. Casetext, Inc. and casetext are not a law firm and do not provide legal advice, 84 518! My view this case is distinguishable from those in which the Supreme in... Fowler rented the video tape at a video store in Danville, Kentucky, school system fourteen! Be decided under the `` mixed motive '' analysis of Mt they are to! Was completing the grade fowler v board of education of lincoln county, 416 U.S. at 287, 97 S.Ct movie important. While the movie contained important, socially valuable messages education of Lincoln County, Kentucky quoting Meehan v.,... Of her discharge were not violated ( 1977 ), which proscribes conduct unbecoming a,. She did not preview the movie July 10, 1984, plaintiff appeared! Observed the movie warned that portions were unsuitable for viewing in this context made support. Grades nine through eleven and were of the ages fourteen through seventeen, John Fogle! While the movie contained important, socially valuable messages plaintiff Jacqueline Fowler was a tenured teacher employed by the court!, 429 U.S. at 161, 94 S.Ct justices, without comment, let stand ruling. Occasions while the movie during part of the film are animated, they are susceptible to interpretations... Make your practice more effective and efficient with Casetexts legal research suite 469 F.2d at 631 expressive conduct figurative wall...
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fowler v board of education of lincoln county