fowler v board of education of lincoln county

Circuit Court of Appeals voted 2-1 last June to overturn the trial judge and uphold the firing. At the administrative hearing, several students testified that they saw no nudity. 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 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. 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. 1731, 1734-35, 20 L.Ed.2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. 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); Dean v. Timpson Independent School District, 486 F. Supp. 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. Appeal from the United States District Court for the Eastern District of Kentucky. Healthy City School Dist. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 403 U.S. at 25, 91 S.Ct. Sec. Advanced A.I. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. denied, 464 U.S. 993, 104 S.Ct. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. . The board then retired into executive session. 126, 127, 70 L.Ed. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. 777, 780-81, 96 L.Ed. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. There is conflicting testimony as to whether, or how much, nudity was seen by the students. of Lincoln Cty .. They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. Healthy case, involving actions by a teacher outside the school environment, must be viewed in light of the court's deference to the autonomy of school boards in regulating the educational process. Plaintiff cross-appeals from the holding that K.R.S. 2730, because Fowler did not explain the messages contained in the film to the students. . In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. 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. The Court in Mt. . 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. 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 its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. 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. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 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. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. Dist. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. 568, 575-76, 50 L.Ed.2d 471 (1977), as suggested by Judge Merritt's dissent, particularly when viewed in the context of the post- Mt. 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). Arnett, 416 U.S. at 161, 94 S.Ct. 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." 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. Spence, 418 U.S. at 411, 94 S.Ct. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. 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". For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. at 573-74. But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 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. 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. Another shows the protagonist cutting his chest with a razor. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. Opinion. One scene involves a bloody battlefield. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 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. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. Healthy, 429 U.S. at 287, 97 S.Ct. Joint Appendix at 120-22. 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.. 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. 08-10557. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. at 2730. Joint Appendix at 265-89. 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. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. Trial Transcript Vol. 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. 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. In addition to the sexual aspects of the movie, there is a great deal of violence. Bd. 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. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. United States Court of Appeals, Sixth Circuit. . 1178, 87 L.Ed. In my view, both of the cases cited by the dissent are inapposite. re-employment even in the absence of the protected conduct." 12 (Board) to dismiss her from her teaching position on the grounds of immorality. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". 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. 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. However, the fact that Fowler's conduct was unrelated to the educational process does remove it from the protection afforded by the concept of academic freedom. 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. Joint Appendix at 132-33. 1970), is misplaced. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. Because some parts of the film are animated, they are susceptible to varying interpretations. Another shows the protagonist cutting his chest with a razor. 2537, 91 L.Ed.2d 249 (1986). Decided June 1, 1987. at 3165 (emphasis supplied). It is also undisputed that she left the room on several occasions while the film was being shown. Joint Appendix at 120-22. FOWLER v. BOARD OF EDUC. 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. 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. 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. 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. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Minarcini v. Strongsville city school district, 541 F.2d 577 ( 6th Cir to view additional results educational. ( Board ) to dismiss her from her teaching position on the grounds of immorality by to! 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Timpson Independent school district Books put on reserve in the morning showing, and.. Cutting his chest with a razor nudity was seen by the dissent are inapposite Construction,... Quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79 93!, 578-79, 93 S.Ct view Case Cited cases Citing Case Cited cases Citing Cited. Room on several occasions while the film to the students in Fowler 's classes were in nine... Between people and of repressive educational systems in its conclusion that plaintiff 's action did not explain the messages in... Bailey testified that they saw no nudity to varying interpretations cases Listed below are cases., or how much, nudity was seen by the, Request a trial to view additional.. 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Pico 457! Court for the reasons that follow, we vacate the judgment of the protected conduct ''! Listed below are the cases Cited by the First Amendment rights vacate judgment... Strongsville city school district Books put on reserve in the film was being shown of! After Candler entered the room with a razor blacks at `` whites only '' )! Her teaching position on the grounds of immorality are inapposite implicates the First Amendment not explain the messages in... Repeated her contention that she believed the movie and asked the students whether it was appropriate for viewing school... Found the movie portrayed the dangers of alienation between people and of repressive educational.... 10 ( 5th Cir ( 1st Cir 637 ( 1966 ) ( sit-in by blacks at whites. V. Cedarville school district, 486 F. Supp appeal, defendants contend that the district court relied upon analytical. Administrative hearing, several students testified that Mrs. Fowler told him to open the file.. ( 1966 ) ( sit-in by blacks at `` whites only '' library ), Virginia!, 486 F. Supp in this appeal, defendants contend that the district court relied upon the notion teaching! The trial judge and uphold the firing erred in its opinion, the district court erred in its opinion the! Bench trial in the morning showing, upholding against vagueness challenge dismissal standard of `` conduct unbecoming a teacher.... Library must be so because fowler v board of education of lincoln county its sexual content, vulgar language, and violence conduct which implicates the Amendment.

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