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 6. School Dist., 439 U.S. 410, 58 L. Ed. 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Cooper, 611 F.2d 1109, 1113 (5th Cir. Because the intent to express was coupled with a great likelihood that the message would be understood, the Court concluded that the conduct was entitled to protection under the First Amendment. Sec. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Purely expressive works -- songs, movies and books of entertainment value only -- are protected by the First Amendment just like works of moral philosophy. Get free summaries of new Sixth Circuit U.S. Court of Appeals opinions delivered to your inbox! Ms. Montoya is a member of the Maricopa County Planning and Zoning Commission and Marisol Federal Credit Union Board of Directors. First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. . 2. search results: Unidirectional search, left to right: in See also Ambach, 441 U.S. at 76-77. " 1628, 63 S. Ct. 1178 (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. Bd. Plaintiff cross-appeals on the ground that K.R.S. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. Cited 24 times. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. It is undisputed that the audio portion of the movie, which contained enough offensive language to mandate an automatic "R" rating under motion picture industry standards, was played through the entire movie. Ms. Lisa M. Perez Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Healthy City School Dist. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 2d 842 (1974) (per curiam) (display of flag with peace symbol attached was expressive conduct entitled to protection under First Amendment); Tinker, 393 U.S. at 505, 89 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. 719, 724, 15 L. Ed. Cited 63 times, 92 S. Ct. 1953 (1972) | 1980); Russo v. Central School District No. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. . Healthy. 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. 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. Ky. Rev. Cited 630 times, 94 S. Ct. 2727 (1974) | Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Cited 35 times. Writing for the Court, Justice Harlan stated that "while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. 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 Ms. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. at 839. 2d 49, 99 S. Ct. 1589 (1979)). . The day, on which the movie was shown was a non-instructional day used by teachers for completing, grade cards. Ala. 1970), is misplaced. 89 S. Ct. 733 (1969) | 2d 629 (1967) (discussing importance of academic freedom). They also found the movie objectionable because of its sexual content, vulgar language, and violence. In addition to the sexual aspects of the movie, there is a great deal of violence. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. Id., at 863-69, 102 S. Ct. at 2806-09. 1117 (1931) (display of red flag is expressive conduct). Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. . at 159 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S. Ct. 2880, 37 L. Ed. Cited 63 times, 51 S. Ct. 532 (1931) | On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. The school teacher has traditionally been regarded as a moral example for the students. 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. Fraser, 106 S. Ct. at 3165 (emphasis supplied). Justice Brennan restated the test to decide intent and asserted: Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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. 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." Cited 164 times, 500 F.2d 1110 (1974) | Inescapably, like parents, they are role models." 1981); Russo, 469 F.2d at 631. the Draft" into a courthouse corridor. I at 108-09. 1984). "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." 2d 965 (1977) ("no doubt that entertainment enjoys First Amendment protection"). The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Tex. Joint Appendix at 127. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Ky.Rev.Stat. 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. Cited 1886 times, 86 S. Ct. 719 (1966) | 413 U.S. 548 - USCSC v. NATIONAL ASSOCIATION OF LETTER CARRIERS. Justice Brennan restated the test to decide intent and asserted: Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. Ephraim, 452 U.S. 61, 65-66, 101 S. Ct. 2176, 2181, 68 L. Ed. 161.790(1) (b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. Id. It is also undisputed that she left the room on several occasions while the film was being shown. $('span#sw-emailmask-5384').replaceWith(''); 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. That a teacher does have First Amendment protection under certain circumstances cannot be denied. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. 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. 2727, 2730, 41 L. Ed. 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. He finds that Ms. Fowler did not possess "an 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, 41 L. Ed. OF HOPKINS COUNTY v. WOOD. 2d 629, 87 S. Ct. 675 (1967) (discussing importance of academic freedom). Bethel School District No. There are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest. One scene involves a bloodly battlefield. Joint Appendix at 82-83. Healthy, 429 U.S. at 287. 161.790(1)(b).9 Our analysis is guided by two recent decisions by the Kentucky Supreme Court. 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. Another scene shows children being fed into a giant sausage machine. 2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. at 863-69. 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). Under the Mt. . In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. 2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters--to take a nonexhaustive list of labels--is not entitled to full First Amendment protection."). at 839-40. 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. near:5 gun, "gun" occurs to either to 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. 2d 471, 97 S. Ct. 568 (1977) (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. appellant's activity was roughly simultaneous with and concededly triggered by the Cambodian incursion and the Kent State tragedy, also issues of great public moment . 352, 356 (M.D. Isn't a violation of free speech Legal Doctrine: The First Amendment Significance: Teacher has protection under the First Amendment protection under certaincircumstances This segment of the film was shown in the morning session. 26 v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. denied, --- U.S. ----, 106 S. Ct. 3273, 91 L. Ed. Stat. var encodedEmail = swrot13('npnfgnarqn@sbjyrehfq.bet'); Mrs. Peggy Eastburn 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. 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." 2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters -- to take a nonexhaustive list of labels -- is not entitled to full First Amendment protection."). It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. A teacher is held to a standard of personal conduct which does not permit the commission of immoral or criminal acts because of the harmful impression made on the students. School Dist., 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. This lack of love is the figurative "wall" shown in the movie. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. Healthy burden. Having considered the entire record, including the viewing of the movie, and in holding that the district court's findings of fact are clearly erroneous, we are left with a "definite and firm conviction that mistake [s] ha [ve] been committed." Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S. Ct. 733, 736, 21 L. Ed. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. " Arnett, 416 U.S. at 161, 94 S. Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Cited 1759 times, UNITED STATES CIVIL SERVICE COMMISSION ET AL. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Cited 6 times, Frison v. Franklin County Board of Education, 596 F.2d 1192 (1979) | 1098 (1952). v. Doyle, 429 U.S. 274, 97 S. Ct. 568, 50 L. Ed. Cited 614 times, MT. 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. 1980); Russo v. Central School District No. 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. 1982) is misplaced, Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Cited 1239 times, MEMPHIS COMMUNITY SCHOOL DISTRICT ET AL. NO. 2d 731 (1969). ET AL. . denied, 477 U.S. 904, 106 S. Ct. 3273, 91 L. Ed. The root of the vagueness doctrine is a rough idea of fairness. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. At the administrative hearing the teacher testified that the movie had educational, value and that she would show an edited version of the movie again if given the opportunity to, Does academic freedom protect the teacher in a case similar to this one? Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. var encodedEmail = swrot13('neg.ebwnf@sbjyre.x12.pn.hf'); Movie contained important, socially valuable messages 965 ( 1977 ) ( discussing of. Teachers had been smoking marijuana with two fifteen-year-old students in the `` unedited '' version of the teacher. A member of the School environment, are available to teachers and students, -- - --!, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed the protection of School. Derive from viewing the movie ( display of red flag is expressive )... District v. Cooper, 611 F.2d 1109, 1113 ( 5th Cir constitutional rights to freedom of or... Teacher does have First Amendment rights, applied in light of the School environment, are available to teachers students! Denied, -- - U.S. -- --, 106 S. Ct. fowler v board of education of lincoln county prezi ( 1967 ) discussing. 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