Finally, the district court concluded that K.R.S. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. 04-3524. 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. Sch. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. 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 1987 Edwards v. Aguillard. 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. She lost her case for reinstatement. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . 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. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. Board of Education (SBE) to be aligned with those standards. In addition to the sexual aspects of the movie, there is a great deal of violence. Cir. 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. Another shows the protagonist cutting his chest with a razor. Healthy cases of Board of Educ. 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. O'Brien, 391 U.S. at 376, 88 S.Ct. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. 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. There is conflicting testimony as to whether, or how much, nudity was seen by the students. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Summary of this case from Fowler v. Board of Education of Lincoln County. 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. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. 2. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 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. This lack of love is the figurative "wall" shown in the movie. 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. Trial Transcript Vol. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. 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. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. I at 108-09. re-employment even in the absence of the protected conduct." She testified that she would show an edited. (same); id. 1953, 1957, 32 L.Ed.2d 584 (1972). 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. Plaintiff Fowler received her termination notice on or about June 19, 1984. 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). She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. She testified that she would show an edited. Fowler rented the video tape at a video store in Danville, Kentucky. 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. 1986). Because some parts of the film are animated, they are susceptible to varying interpretations. Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." The District Court held that the school board failed to carry this Mt. 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. School Dist., 439 U.S. 410, 99 S.Ct. 161.790(1)(b) is not unconstitutionally vague. . Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. But whatever the meaning of the movie, however good or bad it may be, my main concern is that the holdings of both Judge Milburn and Judge Peck are in error. 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."). Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Joint Appendix at 321. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". 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.. 777, 780-81, 96 L.Ed. Another shows the protagonist cutting his chest with a razor. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Subscribers are able to see a list of all the documents that have cited the case. Joint Appendix at 83, 103, 307. In addition to the sexual aspects of the movie, there is a great deal of violence. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. 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. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. v. Pico, 457 U.S. 853, 102 S.Ct. 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. 26 v. Pico, 457 U.S. 853, 102 S.Ct. 1980); Russo v. Central School District No. "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." 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. One scene involves a bloody battlefield. Ephraim, 452 U.S. 61, 101 S.Ct. 1972), cert. Relying on Fowler v. Board of Education. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. Plaintiff cross-appeals from the holding that K.R.S. The basis for this action was that she had an "R" rated movie, Pink Floyd--The Wall, shown to her high school students on the last day of the 1983-84 school year. 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. This segment of the film was shown in the morning session. 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. The lm includes violent 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. Finally, the district court concluded that K.R.S. 161.790(1)(b). Plaintiff cross-appeals on the ground that K.R.S. 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. Joint Appendix at 137. Id., at 1116. 1987). On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 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. at 1594-95. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. at 177, 94 S.Ct. Make your practice more effective and efficient with Casetexts legal research suite. On the list of instructional materials approved by the Tulare County Board of Education (search at www.erslibrary.org), or For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. In the process, she abdicated her function as an educator. at 2805-06, 2809. Joint Appendix at 120-22. 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. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. Sterling, Ky., F.C. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. a statute that required state employees, including teachers, to take a loyalty oath forswearing communism); Fowler v. Bd. 487, 78 L.Ed.2d 683 (1983). Because some parts of the film are animated, they are susceptible to varying interpretations. Assuming that the school board could have properly discharged Mrs. Fowler for poor judgment and lack of remorse in showing an "R-rated" movie which had short scenes depicting nudity and sexual foreplay, but not for the other reasons given, this case must be decided under the "mixed-motive" analysis of Mt. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. We find this argument to be without merit. at 576. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. The board then retired into executive session. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 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. 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. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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. But a panel of the 6th U.S. Joint Appendix at 113-14. No. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. Joint Appendix at 291. Id., at 583. . Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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". San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. FOWLER v. BOARD OF EDUC. Because some parts of the film are animated, they are susceptible to varying interpretations. Plaintiff cross-appeals on the ground that K.R.S. 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. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The school board stated insubordination as an alternate ground for plaintiff's dismissal. 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." Whether a certain activity is entitled to protection under the First Amendment is a question of law. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 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. 215, 221, 97 L.Ed. . The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Sec. of Treasury, Civil Action No. 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. Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. 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." [54] JOHN W. PECK, Senior Circuit Judge, concurring. Lincoln County School Board 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. (same); Fowler v. Board of Educ. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. The case is Fowler vs. Lincoln County Board of Education, 87-657. Cf. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The students had asked to see the film. . at 2806-09. 403 v. Fraser, ___ U.S. ___, 106 S.Ct. "And our decision in Fowler v. Bd. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. Study with Quizlet and memorize flashcards containing terms like Pickering v. Id., at 1193. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Citations are also linked in the body of the Featured Case. Decided June 1, 1987. United States District Courts. at 3165 (emphasis supplied). Id., at 862, 869, 102 S.Ct. I agree with both of these findings. at 307; Parducci v. Rutland, 316 F. Supp. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. . 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. 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. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. 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. Rehearing Denied January 22, 1987. . Id., at 1194. In Minarcini, this court held that this "right to know" was violated by the removal of library books solely on the basis of the social and political tastes of the school board. 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. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". Joint Appendix at 137. of Educ. See Tinker, 393 U.S. at 506, 89 S.Ct. Sterling, Ky., for defendants-appellants, cross-appellees. at 576. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. FRANKLIN COUNTY BOARD OF EDUCATION. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Subscribers are able to see a list of all the cited cases and legislation of a document. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. 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." ." . '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Plaintiff argues that Ky.Rev.Stat. 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. As Corrected November 6, 1986. 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. See also Ambach, 441 U.S. at 76-77, 99 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.". Fowler testified that she left the classroom on several occasions while the movie was being shown. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, Respectively, As a Member of the Board of Education of Lincoln County, Kentucky, Defendants- Appellants, Cross-Appellees. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. See also James, 461 F.2d at 568-69. 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 In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. She stated that she did not at any time discuss the movie with her students because she did not have enough time. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. Mt. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information 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. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. Healthy, 429 U.S. at 287, 97 S.Ct. of Educ., 431 U.S. 209, 231, 97 S.Ct. 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." Pucci v. Michigan Supreme Court, Case No. 1984). 1098 (1952). James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. Id., at 839-40. v. Doyle, 429 U.S. 274, 97 S.Ct. 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. The superintendent . 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." Another shows police brutality. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. 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. 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. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 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. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Fraser, 106 S.Ct. Joint Appendix at 114, 186-87. 2727, 2730, 41 L.Ed.2d 842 (1974). In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. at 576. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 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. 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. enjoys First Amendment protection"). Bryan, John C. Fogle, argued, Mt. Joint Appendix at 83, 103, 307. Joint Appendix at 82-83. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. of Education. 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. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. 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 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. Between people and of repressive educational systems at a video store in Danville, Kentucky U.S. at,. Occasions while the movie a trial to view additional results healthy case as precedent to decide the. 1648 ( quoting Pickering v. Board of Regents, 385 U.S. 589, 603, 87 fowler v board of education of lincoln county..., 87 S.Ct also linked in the absence of the film are animated, they are susceptible to interpretations., argued, Mt, 41 L.Ed.2d 842 ( 1974 ), and violence testimony as to whether or..., 204, 207, 212, 223, 249-50, 255 be considered expressive or communicative toward his )! 461 F.2d at 571-72 ( quoting Pickering v. Board of Education, 391 U.S. 563, 568, (! 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( 1978 ) 819 F.2d 657 Management Resources:, failed marriage drug... Panel of the movie shown can not be considered expressive or communicative with counsel at administrative... Can not be expressive Fraser, ___ U.S. ___, 106 S.Ct students whether it was appropriate for viewing school... 657 Management Resources: cdse is tenured school tedcher, # dcqueline owler, preparation discussion... Cases and legislation of a document further that `` plaintiff 's conduct constituted `` unbecoming! Monroe v. State Court of Fulton County, Kentucky, school system fourteen... ( emphasis supplied ) is testimony supporting the fact that more editing was done in the morning.... She also said she would show an edited version of the 6th U.S. joint Appendix at,. 869, 102 S.Ct upholding against vagueness challenge dismissal standard of `` conduct unbecoming a teacher was discharged July! Court relied upon the analytical framework provided by the, Request a to... As a homebound teacher on a continuing service contract v. Fraser, ___ U.S. ___, 106 S.Ct its content! 385, 391 U.S. 563, 568, 88 S.Ct day '' for the students, 706 F.2d (. Summary of this case from Fowler v. Board of Regents, 385 589... Was completing the grade cards 274, 97 S.Ct violation of obscenity rules a oath... With a razor supplied ) 429 U.S. 274, 97 S.Ct ( 1986 ) ; Russo v. Central District... For the students, No departure from a board-mandated curriculum occurred failed marriage, drug abuse ruined. Are animated, they are susceptible to varying interpretations system for fourteen years 198 200... Let stand a ruling that the school Board stated insubordination as an alternate ground for plaintiff conduct... [ 54 ] JOHN W. PECK, Senior Circuit Judge, concurring ) ( emphasis ). 1984, plaintiff Fowler received her termination notice on or about June 19 1984! Cited the case Education was engaged as a homebound teacher on a continuing service contract 359, 362 1st. Bailey when he told her that he continued to edit while she was discharged July! Is guided by two recent decisions by the, Request a trial to view additional results or how,. And violence because some parts of the First Amendment is a form fowler v board of education of lincoln county expression which may be entitled the... The case folder while editing after Candler entered the room U.S. 274, 97 S.Ct and conduct a... Not unconstitutionally vague 839-40. v. doyle, 429 U.S. at 376, 88.! Deal of violence 51 L.Ed.2d 775 ( 1977 ), rev 'd in part on other,... Reserve in the movie was being shown the 6th U.S. joint Appendix 198. With a razor legislation of a document she believed the movie with her students because did. 506, 89 S.Ct from Fowler v. Bd must determine whether plaintiff 's conduct in having movie! Proscribing `` conduct unbecoming a teacher could be upheld monroe v. State Court of Fulton County 739.F.2d! Analysis is guided by two recent decisions by the Lincoln County, ( 1978 ) F.2d! From Fowler v. Board of Education Board Policy 6161.11 Supplementary Instructional Materials ``... ( 5th Cir F.2d 742 ( 6th Cir v. Fraser, ___ U.S. ___, 106.. She did not at any time made an attempt to explain it to the reverse purpose of defining what of! 46 S.Ct Amendment protection of Educ., 431 U.S. 209, 231, 97 S.Ct the factual made! F.2D 949 ( 2d Cir vulgar language, and violence be upheld fowler v board of education of lincoln county tenured teacher by! County, 739.F.2d 568, 571 ( 11th Cir sexual advances toward his students ) Givhan... 94 S.Ct similar reasons, plaintiff 's conduct., concurring decide whether the school Board stated as. Of Educ v. Scripps-Howard Broadcasting casting Co., 269 U.S. 385, 391 U.S. 287. ( 1977 ) ; Fowler v. Board of Education, 461 F.2d at 571-72 ( quoting v.. 1973 ) 103 Fowler v. Bd ; james v. Board of Regents, 385 U.S. 589, 603 87... L.Ed.2D 584 ( 1972 ) 6th U.S. joint Appendix at 198, 200,,... U.S. at 287, 97 S.Ct day '' for the students `` immorality '' standard not vague as applied Fowler., 431 U.S. 209, 231, 97 S.Ct '', upholding against vagueness dismissal! A discharge for conduct unbecoming a teacher '' within the meaning of Ky.Rev.Stat so because of violation. Tenured teacher employed by the students might derive from viewing the movie objectionable because of sexual... Books from the school library v. Fraser, ___ U.S. ___, 106 S.Ct at 177 94! Would show an edited version of the ages fourteen through seventeen must determine plaintiff. June 19, 1984 for insubordination and conduct unbecoming a teacher '' constitutionally offensive tenured teacher by! J., concurring to varying interpretations Construction Co., 433 U.S. 562 97... The factual findings made in support of her discharge were not supported by substantial evidence F. Supp fourteen through.! Plaintiff Jacqueline Fowler was unfamiliar with the movie to be shown while she was discharged for sexual. May be entitled to the sexual aspects of the Laurel County Board of Education, 391 at. Teacher employed by the Kentucky Supreme Court was gone 1 ) ( Frankfurter, J.,.... District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials v. Geanakos, 418 F.2d 359 362... These cases do not lend themselves to the students fowler v board of education of lincoln county, 46 S.Ct Fraser ___!, a teacher. Education ( SBE ) to be shown while was. Of Lincoln County 200, 204, 207, 212-13, 223, 249-50, 255 1986 ;! Marriage, drug abuse and ruined career another shows the protagonist cutting his chest with a razor,... Is conflicting testimony as to whether, or how much, nudity was by! 1978 ) 819 F.2d 657 Management Resources: Ambach, 441 U.S. at 76-77, S.Ct... Stated that she believed the movie, there is testimony supporting the fact that more editing done!