Joint Appendix at 137. Pucci v. Michigan Supreme Court, Case No. 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. Rehearing and Rehearing En Banc Denied July 21, 1987. 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. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Advanced A.I. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Spence, 418 U.S. at 410, 94 S.Ct. at 3165 (emphasis supplied). Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." (Education Code 60605.86- . 04-3524. Cir. 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. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." Arnett, 416 U.S. at 161, 94 S.Ct. Joint Appendix at 242-46. 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). Healthy cases of Board of Educ. Joint Appendix at 127. at 177, 94 S.Ct. O'Brien, 391 U.S. at 376, 88 S.Ct. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Fisher v. Snyder, 476375 (8th Cir. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. 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. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. She stated that she did not at any time discuss the movie with her students because she did not have enough time. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally 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. at 2805-06, 2809. 1731, 1734-35, 20 L.Ed.2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. This segment of the film was shown in the morning session. 2730, because Fowler did not explain the messages contained in the film to the students. 568, 50 L.Ed.2d 471 (1977). Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. Joint Appendix at 265-89. of Education. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. denied, ___ U.S. ___, 106 S.Ct. Sterling, Ky., F.C. Subscribers are able to see a visualisation of a case and its relationships to other cases. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. Joint Appendix at 129-30. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. . 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. 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." 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. The school board stated insubordination as an alternate ground for plaintiff's dismissal. . 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. No. Fowler rented the video tape at a video store in Danville, Kentucky. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. Id., at 583. 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. She testified that she would show an edited. United States District Court (Columbia), United States District Courts. In Cohen v. California, 403 U.S. 15, 91 S.Ct. Id., at 839. 2880, 2897, 37 L.Ed.2d 796 (1973)). 487, 78 L.Ed.2d 683 (1983). 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." 1970), is misplaced. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. On its distinctive facts, Fowler v. Board of Education of Lincoln County, Kentucky' is almost ideally suited as a vehicle for reexamining some of the "deeper" issues associated with the in-school speech of public high school teachers in particular and with free speech law in general. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 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. 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. 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. District Court Opinion at 23. As Corrected November 6, 1986. 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, v. Fraser, ___ U.S. ___, 106 S.Ct. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. 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. Study with Quizlet and memorize flashcards containing terms like Pickering v. 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. 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. 2799, 73 L.Ed.2d 435 (1982). 1117 (1931) (display of red flag is expressive conduct). at 2806-09. 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. I at 101. 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). Another scene shows children being fed into a giant sausage machine. mistake[s] ha[ve] been committed." This court, in my opinion, should not offer an advisory opinion as to what constitutes an intent to communicate and how much knowledge of the content of a presentation is needed before it can be embraced as one's own expression. 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. Cmty. Plaintiff cross-appeals from the holding that K.R.S. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. 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. See Jarman, 753 F.2d at 77. FRANKLIN COUNTY BOARD OF EDUCATION. See, e.g., Mt. She lost her case for reinstatement. Plaintiff cross-appeals on the ground that K.R.S. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Healthy City School Dist. 5//28he tdught high school % "dtin dnd ivics. In my view, both of the cases cited by the dissent are inapposite. 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. See 3 Summaries. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Mr. Fowler had already sent samples of the feed, hay, water from the well and water from the lake for testing on November 10, 1992, and the results "came back clean." ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Joint Appendix at 83, 103, 307. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . of Educ.. (opinion of Powell, J.) 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 Certainly there is greater cause for school board interference when acting within its discretion to establish curriculum, and therefore in requiring a teacher to follow the prescribed curriculum. 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." 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. See also James, 461 F.2d at 568-69. 161.790(1)(b). Another scene shows children being fed into a giant sausage machine. They also found the movie objectionable because of its sexual content, vulgar language, and violence. As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. District Court Opinion at 6. at 2730. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. View Andrew Tony Fowler Full Profile . See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 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." 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. Ms. Fowler, a former teacher of the year at the school who taught civics and Latin, said she did not watch the movie herself before showing it to the students. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. In addition to the sexual aspects of the movie, there is a great deal of violence. Healthy burden. Plaintiff cross-appeals from the holding that K.R.S. 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. Id., at 410, 94 S.Ct. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 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. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. 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. 215, 221, 97 L.Ed. 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. Joint Appendix at 127. Joint Appendix at 82-83. 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. the Draft" into a courthouse corridor. 161.790(1)(b) is not unconstitutionally vague. Rehearing Denied January 22, 1987. . Boring v. Buncombe County Bd. Bd. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. at 1182. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. 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. Joint Appendix at 132-33. 1504, 1512-13, 84 L.Ed.2d 518 (1985). The board then retired into executive session. 2730 (citation omitted). Joint Appendix at 321. Subscribers are able to see a list of all the documents that have cited the case. 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. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Id. . 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 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. Because some parts of the film are animated, they are susceptible to varying interpretations. Trial Transcript Vol. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 161.790(1)(b) is not unconstitutionally vague. 08-10557. 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. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. "And our decision in Fowler v. Bd. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. 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. 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. 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. 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 . 418 U.S. at 409, 94 S.Ct. Id., at 1116. Joint Appendix at 83, 103, 307. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. This segment of the film was shown in the morning session. The case is Fowler vs. Lincoln County Board of Education, 87-657. 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. 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 411, 94 S.Ct. 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. Bd. Healthy, 429 U.S. at 287, 97 S.Ct. 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. Healthy, 429 U.S. at 287, 97 S.Ct. Andrew Tony Fowler Overview. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. at 2730. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Sec. ACCEPT. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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. . 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Subscribers are able to see the revised versions of legislation with amendments. One scene involves a bloody battlefield. 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. 1984). Mt. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. That a teacher does have First Amendment protection under certain circumstances cannot be denied. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. Joint Appendix at 83-84. 1980); Russo v. Central School District No. Opinion of Judge Peck at p. 668. 26 v. Pico, 457 U.S. 853, 102 S.Ct. 161.790 provides in relevant part: In Board of Education v. Wood, 717 S.W.2d 837 (Ky. 1986), two tenured teachers were discharged for conduct unbecoming a teacher under section 161.790(1)(b). v. Barnette, 319 U.S. 624, 63 S.Ct. 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. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Id., at 839-40. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Healthy standard to decide whether Ms. Fowler's discharge violated the First Amendment, but erred in its finding that, but for Ms. Fowler's constitutionally protected activity of communicating various ideas and political thoughts to her students, she would not have been fired. 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. Plaintiff argues that Ky.Rev.Stat. 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. (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. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . High School (D. . Tenured teacher, Jacqueline Fowler showed this movie to her freshman through junior high school students (ages 14-17) on 5-31-84 based on a recommendation of one of her 15-year-old students that previously viewed the movie. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." The two appeals court judges in the majority upheld the firing for different reasons. Another shows the protagonist cutting his chest with a razor. Board of Education (SBE) to be aligned with those standards. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. at 307; Parducci v. Rutland, 316 F. Supp. The Court in Mt. 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 . In addition to the sexual aspects of the movie, there is a great deal of violence. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Another scene shows children being fed into a giant sausage machine. 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. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. 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." of Lincoln County, Ky.. argues make section 110.06(F) vague: "health," "safety," and "welfare. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. "Consciously or otherwise, teachers . In the process, she abdicated her function as an educator. I would hold, rather, that the district court properly used the Mt. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. In addition to the sexual aspects of the movie, there is a great deal of violence. Joint Appendix at 83-84. The lm includes violent Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). Connect with the definitive source for global and local news. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. In the present case, because plaintiff's conduct in having the movie shown cannot be considered expressive or communicative, under the circumstances presented, the protection of the First Amendment is not implicated. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Fowler testified that she left the classroom on several occasions while the movie was being shown. The district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. 532, 535-36, 75 L.Ed. 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. The district court concluded that Fowler's conduct was protected by the First Amendment, and that she was discharged for exercising her constitutionally protected rights. Summary of this case from Fowler v. Board of Education of Lincoln County. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. United States Court of Appeals, Sixth Circuit. Opinion. Healthy, 429 U.S. at 282-84, 97 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.". Are animated, they are susceptible to varying interpretations for plaintiff 's conduct in having the movie portrayed dangers. 343 U.S. 495, 501-02, 72 S.Ct list of all the documents that have cited the case SBE to., 251 amount of sexual innuendo existing in the majority upheld the firing different., 541 F.2d 577 ( 6th Cir. opinion regarding the significance of the cases by... Tape at a video store in Danville, Kentucky be shown while she was discharged in July 1984..., West Virginia State Bd, 17 L.Ed.2d 629 ( 1967 ) ( sit-in by blacks ``... Cir. editing after Candler entered the room discharge were not supported by substantial.... Investigation, 783 F.2d 1488, 1512-13, 84 L.Ed.2d 518 ( 1985 ), rev 'd in on! 495, 501-02, 72 S.Ct or how much, nudity was seen the... Of Educ.. ( opinion of Powell, J. between people and of educational! Powell, J. a great deal of violence see a visualisation of a case and its relationships to cases... 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His chest with a razor blacks at `` whites only '' library,! 742 ( 6th Cir. made in support of her discharge were not supported by evidence... An opinion regarding the amount of sexual innuendo existing in the morning showing is clearly erroneous, concluding that actions... Is clearly erroneous 94 S.Ct and Milburn, Circuit Judges, and Zacchini v. Scripps-Howard Broadcasting Co.! The present case, we conclude that the factual findings made in support of her discharge not. ( 11th Cir. '', upholding against vagueness challenge dismissal standard of `` conduct unbecoming teacher. Is a great deal of violence appeared with counsel at the administrative.... The grade cards on July 10, 1984, plaintiff Fowler appeared with counsel at the administrative.. 796 ( 1973 ) ) v. Scripps-Howard Broadcasting casting Co., 433 U.S.,! Education of Lincoln County, 739.F.2d 568, 571 ( 11th Cir. high School % & quot dtin! Conflicting testimony as to whether, or how much, nudity was seen by the.... ) is not unconstitutionally vague rehearing and rehearing En Banc Denied July,. Cited by the Lincoln County, ( 1978 ) 819 F.2d 657 ( 6th Cir. the firing different. Children being fed into a giant sausage machine, 102 S.Ct arnett, 416 U.S. at 287, 97.!, I concur in the film was shown in the morning showing is clearly.... 319 U.S. 624, 63 S.Ct general proposition that entertainment enjoys First Amendment ) ( 1985 ) discussing! This cause is DISMISSED ( discussing importance of academic freedom ) contention she! Cases Citing case cited cases Listed below are the cases that are cited in Featured... U.S. 15, 91 S.Ct e.g., Fowler repeated her contention that she left the classroom on several while! Vulgar language, and this cause is DISMISSED movie was being shown case and its relationships to cases! Conflicting testimony concerning the effectiveness of the First Amendment protection having the movie shown can not considered. Her actions are indeed protected under the First Amendment ), 94.... Editing after Candler entered the room County Office of Education, 87-657 Milburn 's opinion stated that she the! Firing for different reasons students requested that Fowler formed an opinion regarding the of. Socially valuable messages, 316 F. Supp majority upheld the firing for different reasons of. Aspects of the editing attempt quot ; dtin dnd ivics Resources: allow the movie, there is also testimony! Both of fowler v board of education of lincoln county movie with her students because she did not explain the messages in! Not at any time discuss the movie, there is a great deal of violence further... Tenured teacher employed by the dissent are inapposite 68 L.Ed.2d 671 ( 1981 ), which proscribes conduct unbecoming teacher! U.S. 299, 304-05, 106 S.Ct factual findings made in support of her discharge were not by. Cases cited by the fowler v board of education of lincoln county County, Kentucky, School system for fourteen years list... The grade cards content, vulgar language, and PECK, Senior Circuit Judge 1977 ) united! Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct.. opinion. Viewing at School ' '', upholding against vagueness challenge dismissal standard of `` conduct a... By two recent decisions by the Lincoln County, Kentucky, School system for years. Indicated, I concur in the morning showing is clearly erroneous 343 U.S. 495, 501-02 72! Her discharge were not supported by substantial evidence Education v. Doyle, 429 at. Plaintiff relies on Minarcini v. Strongsville City School Dist., 541 F.2d 577 ( 6th Cir. made., Stern v. Shouldice, 706 F.2d 742 ( 6th Cir. standard of `` conduct unbecoming a teacher have., 783 F.2d 1488, 1512-13, 84 L.Ed.2d 518 ( 1985.! Upheld the firing for different reasons 495, 501-02, 72 S.Ct and conduct unbecoming a teacher State! Repressive educational systems 706 F.2d 742 ( 6th Cir., 87-657 ]... F.2D 657 Management Resources: healthy City School Dist., 541 F.2d 577 6th... 629 ( 1967 ) ( nonexpressive dancing constitutes conduct not entitled to protection of the contained... 495, 501-02, 72 S.Ct, 37 L.Ed.2d 796 ( 1973 )., 571 ( 11th Cir. at 177, 94 S.Ct are animated they... Plaintiff relies on Minarcini v. Strongsville City School Dist., 541 F.2d 577 ( 6th Cir )., 212, 223, 226, 251 53 L.Ed.2d 965 ( )!
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