Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 1633, 40 L.Ed.2d 15 (1974), the Court concluded that the term "such cause as will promote the efficiency of the service" was not an unconstitutionally vague standard for employee discharge. 2730 (citation omitted). The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. The board then retired into executive session. Another scene shows children being fed into a giant sausage machine. 352, 356 (M.D.Ala. 39 Ed. As herein above indicated, I concur in the result reached in Judge Milburn's opinion. 1976) (finding no constitutional violation in the Board's exercise of curriculum and textbook control, while, at the same time, determining that the Board had wrongly removed books from the library). 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. This segment of the film was shown in the morning session. Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. Subscribers are able to see the revised versions of legislation with amendments. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. 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. She testified that she would show an edited version of the movie again if given the opportunity to explain it. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 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. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. Spence, 418 U.S. at 411, 94 S.Ct. 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. demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. 1633 (opinion of White, J.) 1504, 1512-13, 84 L.Ed.2d 518 (1985). The two appeals court judges in the majority upheld the firing for different reasons. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. The Court in the recent case of Bethel School Dist. Ephraim, 452 U.S. 61, 65-66, 101 S.Ct. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . CASE TITLE:Fowler v. Board of Education of Lincoln County Kentucky CITATION: Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987) FACTSA tenured teacher's employment was ended because she had an "R" rated movie, Pink Floyd--The Wall,shown to her high school students on the last day of the school year. 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. In fact, Mrs. Fowler was not discharged because she entertained her students: she was discharged because the school board did not like the content of the movie. Another shows the protagonist cutting his chest with a razor. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. The superintendent . Rehearing and Rehearing En Banc Denied July 21, 1987. Joint Appendix at 82-83. At the administrative hearing, several students testified that they saw no nudity. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. Pucci v. Michigan Supreme Court, Case No. Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." . She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. 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. at 2806-09. "Consciously or otherwise, teachers . She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. The more important question is not the motive of the speaker so much as the purpose of the interference. 85-5815, 85-5835. 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). As Corrected November 6, 1986. In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 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. 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 3165. re-employment even in the absence of the protected conduct." 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. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 1980); Russo v. Central School District No. Trial Transcript Vol. Fowler testified that she left the classroom on several occasions while the movie was being shown. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 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. 2799, 73 L.Ed.2d 435 (1982). At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 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. Joint Appendix at 127. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. 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. Id., at 1193. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 161.790(1)(b), which proscribes "conduct unbecoming a teacher," is unconstitutionally vague as applied to her because the statute failed to give notice that her conduct would result in discipline. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. Under the Mt. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Joint Appendix at 113-14. at 573-74. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. I at 101. Plaintiff cross-appeals from the holding that K.R.S. Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. Trial Transcript Vol. 1, 469 F.2d 623 (2d Cir. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. 1972), cert. The school board stated insubordination as an alternate ground for plaintiff's dismissal. . At the administrative hearing, several students testified that they saw no nudity. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. . Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. 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 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. 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. 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. 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. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Bryan, John C. Fogle, argued, Mt. View Andrew Tony Fowler Full Profile . 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. Healthy, 429 U.S. at 282-84, 97 S.Ct. Judge Milburn does not inquire into the motivation of the school board but rather bases his decision on the fact that Ms. Fowler's action in showing the film to her classes was not conduct protected by the First Amendment. 161.790(1)(b) is not unconstitutionally vague. Cmty. 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". But he said the school officials fired Ms. Fowler because they also determined the film was inappropriate for classroom viewing because of its sexual innuendo and sexually explicit material, some profane language, violence and vulgar images.. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. 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. VLEX uses login cookies to provide you with a better browsing experience. of Lincoln Cty .. United States Court of Appeals, Sixth Circuit. mistake[s] ha[ve] been committed." In Cohen v. California, 403 U.S. 15, 91 S.Ct. board could dismiss a tenured high school teacher with 14 years of experience for insubordination and conduct unbecoming an educator for showing Pink Floyd: The Wall on the last day of the academic year considered a noninstructional day (Fowler v. Board of Education of Lincoln County, Ky. 1987a, 1987b). District Court Opinion at 23. 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, "And our decision in Fowler v. Bd. 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. Fowler rented the video tape at a video store in Danville, Kentucky. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. Sterling, Ky., F.C. 3159, 92 L.Ed.2d 549 (1986). Similarly, in Tinker, the uncontroverted evidence showed that the students who wore the black armbands were engaged in an expression of opposition to the Vietnam war, which the Court concluded was akin to "pure speech." 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. 2294, 2299, 33 L.Ed.2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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