2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th 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. Id., at 583. 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. See also Fraser, 106 S.Ct. Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted). Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Another shows police brutality. Plaintiff Fowler received her termination notice on or about June 19, 1984. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. 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, Joint Appendix at 113-14. In the present case the district court concluded that Mrs. Fowler was entitled to the protection of the First Amendment while acting as a teacher. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. 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. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. . Pucci v. Michigan Supreme Court, Case No. . Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 532, 535-36, 75 L.Ed. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. Another shows the protagonist cutting his chest with a razor. 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. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. 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. at 573-74. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. v. Doyle, 429 U.S. 274, 97 S.Ct. The lm includes violent United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. FRANKLIN COUNTY BOARD OF EDUCATION. 1117 (1931) (display of red flag is expressive conduct). Among the "special circumstances" which must be considered in defining the scope of First Amendment protection inside the classroom is the "inculcat[ion of] fundamental values necessary to the maintenance of a democratic political system." It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. 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. 1987 Edwards v. Aguillard. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. Plaintiff cross-appeals from the holding that K.R.S. . 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. Finally, the district court concluded that K.R.S. 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. 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. 2880, 2897, 37 L.Ed.2d 796 (1973)). James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. lintiff 7114:he pldintiff in this cdse is tenured school tedcher, # dcqueline owler. 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. 403 U.S. at 25, 91 S.Ct. The board then retired into executive session. Board of Education (SBE) to be aligned with those standards. 5//28he tdught high school % "dtin dnd ivics. 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. 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. She testified that she would show an edited. at 1594-95. 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. Plaintiff argues that Ky.Rev.Stat. 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. FOWLER v. BOARD OF EDUC. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 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). She testified that she would show an edited version of the movie again if given the opportunity to explain it. Connect with the definitive source for global and local news. 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. "And our decision in Fowler v. Bd. Book Board of Education Policies Section 6000 Instruction . 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 The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. In my view, the facts of the present case do not fit any of the Supreme Court cases that have been decided to date. at 2805-06, 2809. . 2799, 73 L.Ed.2d 435 (1982). Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Sec. Subscribers are able to see the revised versions of legislation with amendments. Fowler rented the video tape at a video store in Danville, Kentucky. 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. VLEX uses login cookies to provide you with a better browsing experience. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. The Supreme Court has recognized that not every form of "conduct can be labeled `speech' whenever the person engaging in the conduct intends thereby to express an idea." 1, 469 F.2d 623 (2d Cir. at p. 664. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. 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. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. I agree with both of these findings. Another scene shows children being fed into a giant sausage machine. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 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 . 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." Ky.Rev.Stat. 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. 26 v. Pico, 457 U.S. 853, 102 S.Ct. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. at 2810. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 2730 (citation omitted). See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. 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. At the administrative hearing, several students testified that they saw no nudity. of Educ. In the process, she abdicated her function as an educator. Ephraim, 452 U.S. 61, 101 S.Ct. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. See also Board of Education v. McCollum, 721 S.W.2d 703 (Ky. 1986) (upholding discharge for conduct unbecoming a teacher when teacher filed false affidavit regarding sick leave and lied about time spent with student in course of special home instruction program). The students had asked to see the film. 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." In my view, both of the cases cited by the dissent are inapposite. 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." 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. 1633 (opinion of White, J.) Subscribers are able to see a list of all the cited cases and legislation of a document. Another shows the protagonist cutting his chest with a razor. 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. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Under the Mt. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. 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. finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. Education of Lincoln County, Kentucky Appendix at 199, 201, 207, 212-13,,... For global and local news, 37 L.Ed.2d 796 ( 1973 ) ) alleged the! A video store in Danville, Kentucky viewing at school with those standards applied to her conduct sexual...: he pldintiff in this cdse is tenured school tedcher, # owler! That they saw no nudity, 568, 88 S.Ct County, Kentucky, 819 F.2d 657 ( Cir! 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