United States District Court (Columbia), United States District Courts. Healthy City School Dist. Bd. Joint Appendix at 83, 103, 307. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. The lm includes violent 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. There is no support for the proposition nor does the school board argue that a teacher's academic freedom or a student's right to hear may be abridged simply because a school board dislikes the content of the protected speech. 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. 2880, 2897, 37 L.Ed.2d 796 (1973)). See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Sec. 1970), is misplaced. 2730, because Fowler did not explain the messages contained in the film to the students. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 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. 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." O'Brien, 391 U.S. at 376, 88 S.Ct. "And our decision in Fowler v. Bd. 3. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. Joint Appendix at 291. 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. In order to defend itself against such a claim, the government must establish by a preponderance of the evidence that the decision to terminate would have been made in the absence of the exercise of the constitutionally protected right. 777, 780-81, 96 L.Ed. 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. This court need not go as far as the Court did in Pico and Bethel because those cases respectively involved school library and a school assembly and did not have the captive audience factor with the teacher acting in loco parentis that is present in this case. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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." 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. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Plaintiff argues that Ky.Rev.Stat. 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. Joint Appendix at 291. Because some parts of the film are animated, they are susceptible to varying interpretations. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." of Education. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Trial Transcript Vol. at 1678. 1633 (opinion of White, J.) Pucci v. Michigan Supreme Court, Case No. 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. Spence, 418 U.S. at 410, 94 S.Ct. enjoys First Amendment protection"). . . At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. See also James, 461 F.2d at 568-69. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. The mere fact that at some point she may have developed an approval of the content of the movie is not, standing alone, a sufficient basis for the conclusion that her conduct in having the movie shown was a form of expression entitled to protection under the First Amendment. 719, 724, 15 L.Ed.2d 637 (1966) (sit-in by black students in "whites only" library was symbolic speech); West Virginia State Board of Education v. Barnette, 319 U.S. 624, 633-34, 63 S.Ct. Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. The board viewed the movie once in its entirety and once as it had been edited in the classroom. The Court in Mt. 2727, 2729-31, 41 L.Ed.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 2730. Decided: October 31, 1996 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. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. at 1594-95. Pink Floyd is the name of a popular rock group. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 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." Joint Appendix at 129-30. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 1969); Dean v. Timpson Independent School District, 486 F. Supp. One student testified that she saw "glimpses" of nudity, but "nothing really offending." A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. In addition to the sexual aspects of the movie, there is a great deal of violence. at 307; Parducci v. Rutland, 316 F. Supp. School Dist., 439 U.S. 410, 99 S.Ct. 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. 1987). 1979). Joint Appendix at 129-30. Bryan, John C. Fogle, argued, Mt. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. Mt. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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. 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. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. Trial Transcript Vol. 532, 535-36, 75 L.Ed. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. In the final analysis. 733, 736, 21 L.Ed.2d 731 (1969). 04-3524. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Healthy burden. 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. 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. 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. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated 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. 302, 307 (E.D.Tex. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. Another scene shows children being fed into a giant sausage machine. 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. Another scene shows children being fed into a giant sausage machine. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. At the administrative hearing, several students testified that they saw no nudity. Boring v. Buncombe County Bd. of Educ., 431 U.S. 209, 231, 97 S.Ct. v. Pico, 457 U.S. 853, 102 S.Ct. Another shows the protagonist cutting his chest with a razor. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Make your practice more effective and efficient with Casetexts legal research suite. 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. 1972), cert. 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." I would hold, rather, that the district court properly used the Mt. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. District Court Opinion at 6. (same); id. Because some parts of the film are animated, they are susceptible to varying interpretations. But a panel of the 6th U.S. 1984). On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. See Tinker, 393 U.S. at 506, 89 S.Ct. re-employment even in the absence of the protected conduct." 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. 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 Sec. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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. 1979), a teacher was demoted after an incident in which she disciplined students caught passing notes by reading the note in class and explaining "that three vulgar colloquialisms contained in the note were not obscene when used in different contexts." Board of Education, mt. Subscribers are able to see any amendments made to the case. 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. 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. Inescapably, like parents, they are role models." Joint Appendix at 82-83. VLEX uses login cookies to provide you with a better browsing experience. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. Another shows police brutality. 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