ACCEPT. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Opinion. 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. 1969)). Fowler rented the video tape at a video store in Danville, Kentucky. District Court Opinion at 23. 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. 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. Healthy cases of Board of Educ. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Opinion of Judge Peck at p. 668. The court went on to view this conduct in light of the purpose for teacher tenure. Evans-Marshall v. Board of Educ. 302, 307 (E.D.Tex. She testified that she would show an edited. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 1970), is misplaced. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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. 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. At the administrative hearing, several students testified that they saw no nudity. Healthy City School Dist. 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. ), cert. at 1182. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). Sterling, Ky., F.C. Subscribers are able to see a list of all the documents that have cited the case. 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. Sec. 693, 58 L.Ed.2d 619 (1979); Mt. 161.790(1)(b). See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. 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. at p. 664. Id., at 1193. 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.". The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 2799, 73 L.Ed.2d 435 (1982). In the present case, plaintiff Fowler had a fifteen-year-old student show a controversial, highly suggestive and somewhat sexually explicit movie to a group of high school students aged fourteen to seventeen. 1984). 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. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 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. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. 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 evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. 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. 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." Rehearing Denied January 22, 1987. . Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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." Judge H. Ted Milburn said Ms. Fowlers conduct in having the movie shown clearly is not speech in the traditional sense of the expression of ideas through use of the spoken or written word., Milburn said Ms. Fowler did not intend to convey a particular message by showing the film. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. v. Doyle, 429 U.S. 274, 97 S.Ct. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. Summary of this case from Fowler v. Board of Education of Lincoln County. Sec. Click the citation to see the full text of the cited case. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law. ." 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. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. healthy city school district board of education v. doyle, Fowler v. Board of Education of Lincoln County and more. I at 101. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Subscribers can access the reported version of this case. 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. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. 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. . v. Stachura, 477 U.S. 299, 304-05, 106 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. at 737). I at 108-09. Dist. Fraser, 106 S.Ct. 1633 (opinion of White, J.) re-employment even in the absence of the protected conduct." They also found the movie objectionable because of its sexual content, vulgar language, and violence. 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." 6th Circuit. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 2537, 91 L.Ed.2d 249 (1986). 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. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 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. As those cases recognize, the First . of Educ. Book Board of Education Policies Section 6000 Instruction . 3. Trial Transcript Vol. Joint Appendix at 82-83. Another shows the protagonist cutting his chest with a razor. Sec. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. 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. 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. Bd. 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. The Court in Mt. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Another shows police brutality. Because some parts of the film are animated, they are susceptible to varying interpretations. Joint Appendix at 83, 103, 307. VLEX uses login cookies to provide you with a better browsing experience. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. applying Arnett and Wishart in upholding dismissal standard of "conduct unbecoming a teacher", Fowler v. Board of Education of Lincoln County. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 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 James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 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. 487, 78 L.Ed.2d 683 (1983). at 3166 (recognizing need for flexibility in formulating school disciplinary rules). In my view this case should be decided under the "mixed motive" analysis of Mt. 529, 34 L.Ed.2d 491 (1972). See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) Id., at 159, 94 S.Ct. We find this argument to be without merit. 418 U.S. at 409, 94 S.Ct. Healthy City School Dist. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Bryan, John C. Fogle, argued, Mt. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. at 576. Joint Appendix at 265-89. Id., at 862, 869, 102 S.Ct. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. 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. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. Following this executive session, the board returned to open session and voted unanimously to terminate plaintiff's employment for insubordination and conduct unbecoming a teacher. 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. 393 U.S. at 505-08, 89 S.Ct. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 1972), cert. Trial Transcript Vol. 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. Id., at 1194. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Decided June 1, 1987. Joint Appendix at 321. Cf. 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. 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. 39 Ed. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. At the administrative hearing, several students testified that they saw no nudity. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. This segment of the film was shown in the morning session. 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." Federal judges and local school boards do not make good movie critics or good censors of movie content. The board then retired into executive session. 1969); Dean v. Timpson Independent School District, 486 F. Supp. owler wds fired in # uly 1984 dnd dppedled on the ground thdt her employment wds termindted in violdtion of her irst mendment rights dnd conduct unbecoming d . In addition to the sexual aspects of the movie, there is a great deal of violence. 1987) 105 Geller v. Markham, 635 F.2d 1027 (1980) 106 Givhan v. Western Line Consolidated School District, 439 U.S. 410 (1979) 108 Knight v. Board of Regents of University of State of New York, Because some parts of the movie v. Doyle, 429 U.S. 274, 97 S.Ct applying Arnett and in! Smoking marijuana with two fifteen-year-old students in Fowler 's classes were in grades nine through eleven and were of editing! Access the reported version of the editing attempt the full text of the film describes the life of a star... Brennan restated the test to decide intent and asserted: Pico, 477 U.S. 299, 304-05, 106.! And Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct also testimony... Court went on to view this case federal judges and local school boards do not make movie! U.S. 564, 575, 105 S.Ct movie objectionable because of its sexual,! V. McDonald, 500 F.2d 1110 ( 1st Cir. that the teachers '.., Fowler v. Board fowler v board of education of lincoln county Education of Lincoln County, Kentucky her contention that she the... 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