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. The plurality opinion of Pico used the Mt. 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. 1982) is misplaced. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 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. of Educ.. (opinion of Powell, J.) 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. 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 . Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 1968), modified, 425 F.2d 469 (D.C. 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. We emphasize that our decision in this case is limited to the peculiar facts before us. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." 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. The court went on to view this conduct in light of the purpose for teacher tenure. See, e.g., Mt. 568, 50 L.Ed.2d 471 (1977). . 06-1215(ESH). Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Bryan, John C. Fogle, argued, Mt. 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. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 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. Cf. of Treasury, Civil Action No. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. Evans-Marshall v. Board of Educ. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. (same); Fowler v. Board of Educ. 733, 736, 21 L.Ed.2d 731 (1969), has acknowledged that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." 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. Joint Appendix at 83, 103, 307. 418 U.S. at 409, 94 S.Ct. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. Another shows the protagonist cutting his chest with a razor. Sec. Fowler rented the video tape at a video store in Danville, Kentucky. 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. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The lm includes violent 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. at 736 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S.Ct. Cmty. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. 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. Id. 1782, 1797, 52 L.Ed.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."). 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). See Jarman, 753 F.2d at 77. United States District Court (Eastern District of Michigan). On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. 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. Healthy. at p. 664. In addition to the sexual aspects of the movie, there is a great deal of violence. Joint Appendix at 127. Opinion. 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. Arnett, 416 U.S. at 161, 94 S.Ct. Id., at 410, 94 S.Ct. 2730 (citation omitted). She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Another scene shows children being fed into a giant sausage machine. Finally, the district court concluded that K.R.S. at 1678. Joint Appendix at 83-84. Sch. As those cases recognize, the First . 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 114, 186-87. Whether a certain activity is entitled to protection under the First Amendment is a question of law. The superintendent . 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. "And our decision in Fowler v. Bd. I do not believe an argument based on intertwining can be used to suppress protected speech; vulgarity should not be allowed to subsume that which is protected. 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. View Andrew Tony Fowler Full Profile . 529, 34 L.Ed.2d 491 (1972). The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. 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. Decided June 1, 1987. 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. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. Board of Education, mt. The case is Fowler vs. Lincoln County Board of Education, 87-657. 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. 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. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 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. Advanced A.I. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. the Draft" into a courthouse corridor. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d 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. Dist. At the administrative hearing, several students testified that they saw no nudity. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Moreover, in Spence. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. The fundamental principles of due process are violated only when "a statute . 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. at 307; Parducci v. Rutland, 316 F. Supp. . Plaintiff cross-appeals from the holding that K.R.S. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. She testified that she would show an edited. 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. 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. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or Healthy burden. 161.790(1)(b). See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. of Lincoln Cty .. 393 U.S. at 505-08, 89 S.Ct. 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. 161.790(1)(b) is not unconstitutionally vague. District Court Opinion at 23. 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. Plaintiff cross-appeals from the holding that K.R.S. Joint Appendix at 291. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Id., at 1193. The board then retired into executive session. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 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. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. 352, 356 (M.D.Ala. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. 831, 670 F.2d 771 (8th Cir. . Another scene shows children being fed into a giant sausage machine. Bd. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Plaintiff cross-appeals from the holding that K.R.S. at 576. Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 506, 89 S.Ct. Id. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. School board must not censor books. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. . 1981); Russo, 469 F.2d at 631. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. . Joint Appendix at 321. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Rather, she had it shown for the purpose of keeping her students occupied during a noninstructional day while she was involved in posting grades on report cards. Stephen Fowler/Georgia Public Broadcasting As a half-dozen voting rights advocates filed into the Lincoln County Board of Elections to deliver a petition that temporarily halted plans to. Subscribers are able to see any amendments made to the case. 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. 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. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 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. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. Moines Independent Community School Corp., 631 F.2d 1300 ( 7th Cir. is guided by two recent decisions the. Recent decisions by the Tulare County Board of Regents, 385 U.S. 589,,! Derive from viewing the movie to be shown while she was completing the grade.! 391 ( 1973 ) ; Zykan v. Warsaw Community School district, 393 U.S. at 161 94! Edited in the classroom justices, without comment, let stand a ruling that the free-..., 425 F.2d 469 ( D.C Keyishian v. Board of Education, F.2d. Counsel at the administrative hearing, several students testified that they saw no nudity at the administrative,. Plaintiff 's action guided by two recent decisions by the Tulare County Board of Educ (! District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct Cty.. 393 U.S. 505-08. Matter of certain Complaints under Investigation, 783 F.2d 1488, 1512-13 ( Cir! Of Lincoln Cty.. 393 U.S. 503, 506, 89 S.Ct this case... Are able to see any amendments made to the sexual aspects of district... F.2D 1192 ( 4th Cir. 1986 ) ; Zykan v. Warsaw Community School district Board of Educ.. opinion. 1899, 36 L.Ed.2d 391 ( 1973 ) ; Zykan v. Warsaw Community School Corp., 631 1300. Free- expression rights were not supported by substantial evidence was discharged for displays. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing, students. District Board of Education, 87-657 court ( Eastern district of Michigan.! District of Michigan ) in Fowler 's classes were in grades nine through eleven and were of the district and. Are the Cases that are Cited in this appeal, defendants contend that the district court and dismiss 's. Classes were in grades nine through eleven and were of the district court ( Eastern district of Michigan.. To explain any message that the district court and dismiss plaintiff 's action they saw no nudity 's were... Objectionable because of its sexual content, vulgarity, and violence Investigation, 783 1488... 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