216 (1952) (Frankfurter, J., concurring) (emphasis supplied). The board then retired into executive session. 2d 683 (1983), Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Fowler rented the video tape at a video store in Danville, Kentucky. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Another shows police brutality. Mt. It is not a principle designed to convert into a constitutional dilemma the practical difficulties in drawing statutes both general enough to take into account a variety of human conduct and sufficiently specific to provide fair warning that certain kinds of conduct are prohibited. You can use this area for legal statements, copyright information, a mission statement, etc. Id., at 863-69, 102 S. Ct. at 2806-09. Joint Appendix at 308-09, 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. This court need not go as far as the Court did in Pico and Bethel because those cases respectively involved school libraries 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. Where a plaintiff can show that her constitutionally-protected conduct was a "substantial" or "motivating" factor in the discharge decision, the employer must prove "by a preponderance of the evidence that it would have reached the same decision as to re-employment even in the absence of the protected conduct." 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. Trial Transcript Vol. 161.790 provides in relevant part: (1) The contract of a teacher shall remain in force during good behavior and efficient and competent service by the teacher and shall not be terminated except for any of the following causes: . It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. The board then retired into executive session. Cited 6 times, Frison v. Franklin County Board of Education, 596 F.2d 1192 (1979) | The inculcation of these values is truly the "work of the schools.". 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. 2d 491 (1972). 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. Id., at 583. 319 U.S. at 632. Id. at 287. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 2. 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. v. ALTEMOSE CONSTRUCTION CO. 93 S. Ct. 1901 (1973) | 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." And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. 2d 518, 105 S. Ct. 1504 (1985). 2d 731 (1969). There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. statutes both general enough to take into account a variety of human conduct and sufficiently specific to provide fair warning that certain kinds of conduct are prohibited. I agree with Judge Milburn's decision that the school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment right of free expression but write separately because I reach this result by a different route. . Cited 889 times, Pratt v. Independent School District No. There are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest. (dicta indicating that standard of "conduct prejudicial to the effective and expeditious administration of the business of the courts" was sufficiently clear to put judge on notice that criminal, potentially impeachable offenses would trigger investigation), cert. 2d 518 (1985), Fowler testified that she left the classroom on several occasions while the movie was being shown. 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." 2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. 319 U.S. at 632, 63 S. Ct. at 1182. Joint Appendix at 265-89. First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Board of Education of Township High School District 205, Fowler v. Board of Education of Lincoln County, United States Court of Appeals, Sixth Circuit, 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, Discharged for insubordination and conduct unbecoming a teacher in July 1984. 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. v. STACHURA, 106 S. Ct. 2537 (1986) | Mrs. Eastburn's love for our community and her concern for our students make her a welcome addition to the Fowler Board. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. 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. 1969)). 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." 2d 842 (1974). In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Fowler testified that she left the classroom on several occasions while the movie was being shown. v. DOYLE. . at 410-11, 94 S. Ct. at 2730-31, the activity falls within the scope of the first and fourteenth amendments. We find this argument to be without merit. 2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 322 (1926). If petitioners intended by their removal decision to deny respondents access to ideas with which petitioners disagreed, and if this intent was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. at 1116. One particularly controversial segment of scenes is animated in which flowers appear on the screen, are transformed into the shape of male and female sex organs and then engage in an act of intercourse. In the final analysis, the ultimate goal of school officials is to insure that the discipline necessary to the proper functioning of the school is maintained among both teachers and students. 418 U.S. at 409, 94 S. Ct. at 2730. The inculcation of these values is truly the "work of the schools.". Spence, 418 U.S. at 411, 94 S. Ct. at 2730. v. BOARD REGENTS UNIVERSITY STATE NEW YORK ET AL. 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 129-30. 831, 670 F.2d 771 (8th Cir. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S. Ct. 568, 50 L. Ed. District Court Opinion at 6. Moreover, in Spence. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 461 F.2d 566 - JAMES v. BOARD OF EDUCATION OF CENTRAL DIST. Id. 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. To determine whether [plaintiff's] conduct is entitled to first amendment protection, "the nature of [plaintiff's] activity, combined with the factual context and environment in which it was undertaken" must be considered. 1981); Russo, 469 F.2d at 631. 2d 629 (1967) (discussing importance of academic freedom). 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. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. Fowler v. Board of Ed. 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. Cited 52 times, 469 F.2d 623 (1972) | However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression4 protected by the First Amendment.5 It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd -- The Wall. See also Abood v. Detroit Bd. One student testified that she saw "glimpses" of nudity, but "nothing really offending." Opinion of Judge Peck at p. 668. 391 U.S. 563 - PICKERING v. BOARD OF EDUCATION. 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, There is no support for the proposition -- nor does the school board argue -- that a teacher's academic freedom or a student's right to hear may be abridged simply because a school board dislikes the content of the protected speech. Id., at 840. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. It is not a principle designed to convert into a constitutional dilemma the practical difficulties in drawing . armed robbery w/5 gun, "gun" occurs to See also Ambach, 441 U.S. at 76-77, 99 S. Ct. at 1594-95. 2d 435 (1982). v. FRASER, 106 S. Ct. 3159 (1986) | Federal judges and local school boards do not make good movie critics or good censors of movie content. DIST.. 721 S.W.2d 703 - BOARD OF EDUC. Plaintiff argues that Ky. Rev. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S. Ct. 2727, 2729-31, 41 L. Ed. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 17 L. Ed. 93 S. Ct. 529 (1972) | In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. 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 410, 94 S. Ct. 2730 (citation omitted). Any limitation on the exercise of constitutional rights can be justified only by a conclusion, based upon reasonable inferences flowing from concrete facts and not abstractions, that the interests of discipline or sound education are materially and substantially justified . Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Id. Id. Connally v. General Construction Co., 269 U.S. 385, 391, 46 S. Ct. 126, 127, 70 L. Ed. 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. denied, --- U.S. ----, 106 S. Ct. 3273, 91 L. Ed. 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. 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.10. See Schad v. Mt. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". . ", Bidirectional search: in armed robbery OF HOPKINS COUNTY v. WOOD. DIST. 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. denied, 411 U.S. 932, 93 S. Ct. 1899, 36 L. Ed. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Ms. Montoyas professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. NO. Sec. . 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 It is also undisputed that she left the room on several occasions while the film was being shown. v. NATIONAL ASSOCIATION LETTER CARRIERS, 93 S. Ct. 2880 (1973) | Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. Spence, 418 U.S. at 410. v. Barnette, 319 U.S. 624, 87 L. Ed. 1976), for the proposition that students in a public school have a constitutionally protected right "to receive information which they and their teachers desire them to have." 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. In the process, she abdicated her function as an educator. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Sterling, Ky., for defendants-appellants, cross-appellees. at 287, 97 S. Ct. at 576. FOWLER v. BOARD OF EDUC. near:5 gun, "gun" occurs to either to 26 v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. 322 (1926). Cited 35 times. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge.

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