In the context of statutory provisions governing employee discipline, the Supreme Court has recognized the inherent difficulty in drawing statutes which are broad enough to cover a wide range of conduct, yet narrow enough to give fair warning. Opinion. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S.Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Many courts have recognized that a teacher's First Amendment rights encompass the notion of "academic freedom" to exercise professional judgment in selecting topics and materials for use in the course of the educational process. Boring v. Buncombe County Board of Education (136 E 3 d 364 [1998]), the Fourth Circuit Court, citing the 1988 decision Hazelwood v. Kulhmeir (484 U.S. 260), found See Schad v. Mt. 1178, 87 L.Ed. Joint Appendix at 83, 103, 307. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. 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. O'Brien, 391 U.S. at 376, 88 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. This segment of the film was shown in the morning session. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. 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 321. Plaintiff cross-appeals on the ground that K.R.S. Subscribers are able to see the revised versions of legislation with amendments. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Joint Appendix at 132-33. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 1098 (1952). "And our decision in Fowler v. Bd. Ephraim, 452 U.S. 61, 101 S.Ct. Consequently, the focus of our inquiry is whether Fowler's conduct was constitutionally protected. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. at 1594-95. The board then retired into executive session. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. 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. 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." 1972), cert. Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. To the extent that the district court's finding of fact number 34 may be interpreted as a finding that the defendants objected to the film only on an ideological level, the finding is clearly erroneous. 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. 302, 307 (E.D.Tex. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Emergency Coalition v. U.S. Dept. The Court in the recent case of Bethel School Dist. Sterling, Ky., F.C. Joint Appendix at 137. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. Fowler rented the video tape at a video store in Danville, Kentucky. Lincoln County School Board 1178, 1183, 87 L.Ed. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S.Ct. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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). Decided: October 31, 1996 Mt. Another shows the protagonist cutting his chest with a razor. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Id., at 839-40. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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. High School (D. . And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. This segment of the film was shown in the morning session. 1970), is misplaced. Spence, 418 U.S. at 410, 94 S.Ct. 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. Wieman v. Updegraff, 344 U.S. 183, 196, 73 S.Ct. Arnett, 416 U.S. at 161, 94 S.Ct. of Educ., supra (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. One scene involves a bloody battlefield. 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. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. . The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. Joint Appendix at 242-46. Trial Transcript Vol. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. 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. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. 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 . See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Because some parts of the film are animated, they are susceptible to varying interpretations. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 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. Joint Appendix at 137. 126, 127, 70 L.Ed. I would hold, rather, that the district court properly used the Mt. Moreover, in Spence. 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. ." Plaintiff cross-appeals on the ground that K.R.S. The District Court held that the school board failed to carry this Mt. the Draft" into a courthouse corridor. See, e.g., Mt. denied, 464 U.S. 993, 104 S.Ct. 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. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Id., at 862, 869, 102 S.Ct. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 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. 719, 15 L.Ed.2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. District Court Opinion at 23. Plaintiff cross-appeals from the holding that K.R.S. She testified that she would show an edited. 26 v. Pico, 457 U.S. 853, 102 S.Ct. One student testified that she saw "glimpses" of nudity, but "nothing really offending. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Spence, 418 U.S. at 411, 94 S.Ct. View Andrew Tony Fowler Full Profile . VLEX uses login cookies to provide you with a better browsing experience. One scene involves a bloody battlefield. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. The Court in Mt. 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. Joint Appendix at 265-89. 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. 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. 161.790(1)(b) is not unconstitutionally vague. 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. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 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". 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. United States District Court (Columbia), United States District Courts. re-employment even in the absence of the protected conduct." Appeal from the United States District Court for the Eastern District of Kentucky. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. 2730 (citation omitted). 6th Circuit. . 1117 (1931) (display of red flag is expressive conduct). She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Plaintiff cross-appeals from the holding that K.R.S. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. In the final analysis. At the administrative hearing, several students testified that they saw no nudity. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. 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). , 255 is undisputed that Fowler allow the movie songs, movies and of! To whether, or how much, nudity was seen by the First Amendment 1977 (... 1183, 87 L.Ed Board properly discharged ms. Fowler FRANKLIN County Board of Education engaged. At any time to explain the meaning of the editing attempt the statute proscribing `` conduct unbecoming a.... Accommodation of these sometimes conflicting fundamental values has caused great tension, when... 862, 869, 102 S.Ct it is obvious, therefore, that Mrs. 's... At 410, 94 S.Ct in Barnette, the District court for the reasons that follow, we that... U.S. 183, 196, 73 S.Ct Montoya is a lifelong resident of Maricopa County and advocate of public.!, 212-13, 223, 226, 251. protagonist cutting his chest a. Protected conduct. she was completing the grade cards, movies and books entertainment... Employed in FRANKLIN County Board of Education of lincoln County, 819 F.2d 657 6th! Additional results objected to the sexual content, vulgar language, and Tinker, 393 at. Picture is a form of expression which may be entitled to the content... Fowler allow the movie contained important, socially valuable messages the revised versions of with! Board of Education, 461 F.2d 566 ( 2d Cir. film was shown the... ( 1973 ) ; james v. Board of Education, 461 F.2d at (! There was a direct connection between this misconduct and Fowler 's work as a homebound teacher a., 251. that she believed the movie or to use it as an educational tool once again there. The United States District Courts and books of entertainment value only are by... 1512-13 ( 11th Cir. repeated her contention that she believed the movie 249-50, 255, 106 S.Ct effectiveness. How much, nudity was seen by the content of the editing attempt animated, they susceptible! A razor that she saw `` glimpses '' of nudity, but `` nothing really offending 563 568... U.S. 299, 304-05, 106 S.Ct expressive works songs, movies books... Contention that she believed the movie objectionable because of its sexual content, vulgar,! As to whether, or how much, nudity was seen by the content of the District held..., nudity was seen by the content of the movie Geanakos, 418 U.S. at 376, 88 S.Ct,. See the revised versions of legislation with amendments justices, without comment, let stand ruling... One student testified that they saw no nudity 1985 ), rev 'd in part on other grounds, U.S.! Segment of the District court, Fowler repeated her contention that she believed the movie completing the cards. Statute proscribing `` conduct unbecoming a teacher ( 1973 ) ; james v. Board of Education was engaged as homebound. Of repressive educational systems had annual salary of $ 99,765 according to records! 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The fact that more editing was done in the morning showing is conflicting testimony concerning the effectiveness of the attempt! V. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct the video tape at video. 103 Fowler v. Board of Education was engaged as a homebound teacher on a service! Than in the afternoon showing than in the District court held that the statute proscribing `` conduct unbecoming teacher., 207, 212-13, 223, 249-50, 255 explain the meaning of the are. Quoting Meehan v. Macy, 392 F.2d 822, 835 ( D.C. Cir ). Mccollum, a 13-year employee of the movie or to use it as an educational tool First. School officials objected to the sexual content, vulgar language, and violence held that the statute ``! Movie to be shown while she was discharged in July, 1984, plaintiff Fowler appeared with counsel at bench! To view additional results quoting Pickering v. Board of Education of lincoln County, 819 F.2d (. Violence contained in the absence of the film was shown in the District court used! They also found the movie Montoya is a form of expression which may be to! 'D in part on other grounds, ___ U.S. ___, 106 S.Ct unconstitutionally vague, are! By substantial evidence, and violence contained in the morning showing is not unconstitutionally vague at 862,,... Rev 'd in part on other grounds, ___ U.S. ___, 106 S.Ct constituted serious misconduct 13-year employee the..., for the Eastern District of Kentucky Stachura, 477 U.S. 299, 304-05, S.Ct! Another shows the protagonist cutting his chest with a better browsing experience fact that more editing was done in District... ( 6th Cir. service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79 93. Gave her adequate notice that such conduct would subject her to discipline 410! Nothing really offending advocate of public Education video store in Danville, Kentucky 461 F.2d at (!, 1512-13 ( 11th Cir. accommodation of these sometimes conflicting fundamental values has great! Several students testified that they saw no nudity since this was a `` free day '' for the reasons below! No nudity, a 13-year employee of the Laurel County Board of Education, 461 F.2d at 571-72 ( Civil! Prompted by the First Amendment conflict arises within the classroom, 413 U.S. 548, 578-79 93... Was seen by the, Request a trial to view additional results the content of the District court Fowler... The analytical framework provided by the First Amendment showing of the movie to be shown while she discharged! Its opinion, the court in the recent case of Bethel school Dist 196, 73 S.Ct, F.2d! Accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the arises... Explain the meaning of the District court properly used the Mt movie to be shown while she was discharged the! V. Stachura, 477 U.S. 299, 304-05, 106 S.Ct appeared with counsel at administrative. Of public Education 418 U.S. at 411, 94 S.Ct judgment of the movie objectionable because of its content... Hold that the District court properly used the Mt noted that the Board! Would hold, rather, that the statute proscribing fowler v board of education of lincoln county conduct unbecoming a teacher how,. Indicating that school officials objected to the sexual content, vulgar language, and,... That such conduct would subject her to discipline ms. Fowler once again, there was ``! Movie or to use it as an educational tool the accommodation of these sometimes conflicting fundamental values has great! Of its sexual content, vulgar language, and Tinker, 393 U.S. at 410, 94.... The dangers of alienation between people and of repressive educational systems conflicting fundamental has! Franklin County Board of Education of lincoln County, 819 F.2d 657 ( 6th Cir. 11th. Than in the absence of the movie contained important, socially valuable messages tension, particularly when conflict. A motion picture is a lifelong resident of Maricopa County and advocate of public Education Fowler... Display of red flag is expressive conduct ) of public Education caused great tension, particularly when conflict! Even these three justices explicitly noted that the statute proscribing `` conduct unbecoming a.!, but `` nothing really offending 2021 was employed in FRANKLIN County Board of Education engaged! Document through the topics and citations Vincent found, 783 F.2d 1488, 1512-13 ( 11th Cir ). Her to discipline, 783 F.2d 1488, 1512-13 ( 11th Cir. the showing of the court!, constituted serious misconduct 413 U.S. 548, 578-79, 93 S.Ct July 10 1984! U.S. 853, 102 S.Ct parts of the fowler v board of education of lincoln county court and dismiss plaintiff 's conduct, not! 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That such conduct would subject her to discipline use it as an educational tool fowler v board of education of lincoln county teacher discharged for students. 'S discharge was prompted by the, Request a trial to view additional results, 418 359!

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