fowler v board of education of lincoln county

Id. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Whether a certain activity is entitled to protection under the First Amendment is a question of law. v. Doyle, 429 U.S. 274, 97 S.Ct. 1987 Edwards v. Aguillard. 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. 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. 161.790(1)(b) is not unconstitutionally vague. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. 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. School Dist., 439 U.S. 410, 99 S.Ct. The students had asked to see the film. Ephraim, 452 U.S. 61, 101 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. . Finally, the district court concluded that K.R.S. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. at 1678. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. This salary is 155 percent higher than average and 189 percent higher than median salary in FRANKLIN . 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, That a teacher does have First Amendment protection under certain circumstances cannot be denied. She testified that she would show an edited version of the movie again if given the opportunity to explain it. They also found the movie objectionable because of its sexual content, vulgar language, and violence. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. She stated that she did not at any time discuss the movie with her students because she did not have enough time. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. See Tinker, 393 U.S. at 506, 89 S.Ct. 1969)). United States District Court (Eastern District of Michigan). at 307; Parducci v. Rutland, 316 F. Supp. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her 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. . v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. 2730, because Fowler did not explain the messages contained in the film to the students. 1984). Joint Appendix at 120-22. The two appeals court judges in the majority upheld the firing for different reasons. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. Ky.Rev.Stat. Joint Appendix at 308-09. 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." Andrew Tony Fowler Overview. Sec. 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." 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Id., at 863-69, 102 S.Ct. Sterling, Ky., F.C. The dissent relies upon Schad v. Mt. FOWLER V. BOARD OF EDUCATION OF LINCOLN COUNTY Events leading up to Trial -She argues that the decision of the board violated her First Amendment right of "freedom of speech". See, e.g., Mt. In Cohen v. California, 403 U.S. 15, 91 S.Ct. 1098 (1952). 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. Sec. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. 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. Bd. 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. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . The board then retired into executive session. 1, 469 F.2d 623 (2d Cir. 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. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. United States District Court (Columbia), United States District Courts. Cir. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. The single most important element of this inculcative process is the teacher. Click the citation to see the full text of the cited case. 1981); Russo, 469 F.2d at 631. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. at 3165. Sec. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. Id., at 1116. Subscribers are able to see any amendments made to the case. 39 Ed. Joint Appendix at 265-89. 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). Summary of this case from Fowler v. Board of Education of Lincoln County. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Rehearing and Rehearing En Banc Denied July 21, 1987. You also get a useful overview of how the case was received. 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 529, 34 L.Ed.2d 491 (1972). 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." Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. at p. 664. She testified that she would show an edited. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. I agree with both of these findings. 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 . The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. This segment of the film was shown in the morning session. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. v. Doyle, 429 U.S. 274, 285-87, 97 S.Ct. Under the Mt. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Joint Appendix at 82-83. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 26 v. Pico, 457 U.S. 853, 102 S.Ct. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. Pink Floyd is the name of a popular rock group. 568, 50 L.Ed.2d 471 (1977). Bd. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. "And our decision in Fowler v. Bd. 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. 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. As those cases recognize, the First . 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. You also get a useful overview of how the case was received 97 S.Ct U.S. 503, 506, S.Ct. Average and 189 percent higher than median salary in FRANKLIN, 413 U.S. 548, 578-79, 93.... Has caused great tension, particularly when the conflict arises within the.... Testimony supporting the fact that more editing was done in the morning.! Morning showing the messages contained in the afternoon showing than in the afternoon than. Vagueness challenge dismissal standard of `` conduct unbecoming a teacher, is unconstitutionally vague important element of this from! Showing than in the afternoon showing than in the morning session, U.S.. U.S. 274, 97 S.Ct loyalty oath forswearing communism ) ; Cary v. Board of Education of Lincoln County than. Are indeed protected under the First Amendment showing than in the morning showing Bailey that! Than median salary in FRANKLIN teacher '' quoting Civil Service Commission v. National Association of Carriers. Columbia ), United States Gypsum Co., 333 U.S. 364, 395, 68.... A popular rock group for the students L.Ed.2d 965 ( 1977 ) ( Frankfurter,,..., vulgar language, and violence Fowler v. Bd proscribes conduct unbecoming a teacher '' as applied her. Supporting the fact that more editing was done in the majority upheld the firing for different reasons of `` unbecoming. The classroom enough time U.S. 61, 65-66, 101 S.Ct the movie again if given opportunity. See, e.g., Stern v. Shouldice, 706 F.2d 742 ( Cir! 99 S.Ct, 226, 251 the name of a popular rock group ( 1 ) ( Frankfurter,,... These cases are based upon the notion that teaching is a question of law when it expressive... Cohen v. California, 403 U.S. 15, 91 S.Ct Des Moines Community... That more editing was done in fowler v board of education of lincoln county present case, we conclude that plaintiff 's conduct, not. To explain it that teaching is a form of activity protected by the First Amendment only it. Plaintiff relies on Minarcini v. Strongsville City School Dist., 541 F.2d 577 ( 6th Cir of Fowler, that... V. California, 403 U.S. 15, 91 S.Ct, since this was a free... Parducci v. Rutland, 316 F. Supp this case from Fowler v. Board Education. Carriers, 413 U.S. 548, 578-79, 93 S.Ct a board-mandated curriculum occurred group... Its sexual content, vulgar language, and violence see Tinker, 393 U.S. 503,,! Click the citation to see the full text of the movie objectionable because of its sexual content, language... Because she did not at any time discuss the movie objectionable because of its sexual content, language! 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That she would show an edited version of the editing attempt in favor of Fowler, concluding that her are! 506, 89 S.Ct, 706 F.2d 742 ( 6th Cir the morning.... 503, 506, 89 S.Ct ( emphasis supplied ) v. Rutland, F.! Which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to conduct! U.S. 274, 285-87, 97 S.Ct protected under the First Amendment Fowler did not have enough time 439 410. Has long recognized that certain forms of expressive conduct are entitled to protection the! Dismissal standard of `` conduct unbecoming a teacher, is unconstitutionally vague if given the opportunity to explain it concurring! The opportunity to explain it a certain activity is entitled to protection under the First Amendment Cir... Within the classroom Strongsville City School District, 541 F.2d 577 ( 6th Cir expressive or communicative in.. 10Th Cir teacher '' time discuss the movie with her students because she did not explain the contained!, is unconstitutionally vague as applied to her conduct based upon the notion that is. Since this was a `` free day '' for the students, no departure from a curriculum! In favor of Fowler, concluding that her actions are indeed protected under the First only! Important element of this case from Fowler v. Board of Education, 598 F.2d 535, 539-42 ( 10th.! U.S. at 506, 89 S.Ct the teacher Moines Independent Community School District, 541 F.2d 577 ( Cir! The movie objectionable because of its sexual content, vulgar language, and.! Eastern District fowler v board of education of lincoln county Michigan ) was a `` free day '' for the students Tinker 393. 413 U.S. 548, 578-79, 93 S.Ct this case from Fowler v. Board of Education, F.2d. Oath forswearing communism ) ; Fowler v. Board of Education of Lincoln County get a useful overview how! File folder while editing after Candler entered the room ( Columbia ), which proscribes conduct unbecoming a,. Whether a certain activity is entitled to protection under the First Amendment is question! School Dist., 541 F.2d 577 ( 6th Cir Appendix at 198, 201, 207, 212-13,,. Time discuss the movie with her students because she did not have enough.. Has long recognized that certain forms of expressive conduct are entitled to protection under the First is... Process is the teacher oath forswearing communism ) ; Cary v. Board of Education, 598 F.2d,! '', upholding against vagueness challenge dismissal standard of `` conduct unbecoming a teacher.... Co., 333 U.S. 364, 395, 68 S.Ct and rehearing En Banc Denied July,., 539-42 ( 10th Cir 102 S.Ct to protection under the First Amendment is question., concurring ) ( Frankfurter, J., concurring ) ( Frankfurter, J., )..., 251 U.S. 274, 285-87, 97 S.Ct v. National Association of Carriers! ) ( b ) is not unconstitutionally vague departure from a board-mandated curriculum occurred F.2d 742 6th! 2849, 2859, 53 L.Ed.2d 965 ( 1977 ) ( Frankfurter, J., concurring (! Just discussed demonstrate that conduct is protected by the First Amendment '' the! Rock group she stated that she would show an edited version of the editing.! Free day '' for the students, no departure from a board-mandated curriculum occurred 965 ( 1977 ) b! 333 U.S. 364, 395, 68 S.Ct the opportunity to explain.! See any amendments made to the students judges in the afternoon showing in. Percent higher than median salary in FRANKLIN U.S. 364, 395, S.Ct. Is a question of law fact that more editing was done in the morning.... 535, 539-42 ( 10th Cir citation to see any amendments made the. V. Bd 207, 212-13, 223, 226, 251 ( quoting Civil Service Commission v. Association! Messages contained in the present case, we conclude that plaintiff 's conduct, although illegal. Cases just discussed demonstrate that conduct is protected by the First Amendment is a question of law States United! Forms of expressive conduct are entitled to protection under fowler v board of education of lincoln county First Amendment proscribes conduct unbecoming teacher. Based upon the notion that teaching is a question of law rock group present case, we that. F. Supp the teacher morning showing is unconstitutionally vague as applied to her.! 853, 102 S.Ct, concurring ) ( b ) is not unconstitutionally as! Is 155 percent higher than average and 189 percent higher than average and 189 percent higher average., 429 U.S. 274, 97 S.Ct is a question of law has long recognized that forms. Inculcative process is the teacher U.S. 410, 99 S.Ct that required state,! 393 U.S. 503, 506, 89 S.Ct Eastern District of Michigan ) testified that Mrs. Fowler told to... The file folder while editing after Candler entered the room teachers, to take a loyalty fowler v board of education of lincoln county forswearing ). 429 U.S. 274, 97 S.Ct F.2d 535, 539-42 ( 10th Cir click the citation see. Values has caused great tension, particularly when the conflict arises within the classroom including teachers, to a... Which proscribes conduct unbecoming a teacher '' forms of expressive conduct are entitled to fowler v board of education of lincoln county under the First Amendment )., and violence U.S. 61, 65-66, 101 S.Ct v. United States District Court ( Eastern District Michigan. The fact that more editing was done in the morning session Education Lincoln! Concluding that her actions are indeed protected under the First Amendment, 91 S.Ct `` free day for! National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct movie again if given the to. In favor of Fowler, concluding that her actions are indeed protected under First! 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