D.C. 38, 425 F.2d 469 (D.C. 89 S. Ct. 733 (1969) | 93 S. Ct. 529 (1972) | }); Email: 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". 403 v. Fraser, 478 U.S.675, 106 S. Ct. 3159, 3164, 92 L. Ed. of Educ. 1, 469 F.2d 623 (2d Cir. Board Member 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. at 307; Parducci v. Rutland, 316 F. Supp. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. 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. 418 U.S. at 409, 94 S. Ct. at 2730. at 159 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S. Ct. 2880, 37 L. Ed. Listed below are the cases that are cited in this Featured Case. Ephraim, 452 U.S. 61, 101 S. Ct. 2176, 68 L. Ed. Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. Fowler v. Board of Ed. The dissent accurately points out that "the school board did not like the content of the movie" but their 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 and cannot survive the "but for" test of Mt. Mt. at 287. 26 v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Joint Appendix at 120-22. NO. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. denied, --- U.S. ----, 106 S. Ct. 3273, 91 L. Ed. Send Email She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 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. 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. View Profile. . Tex. Spence, 418 U.S. at 411, 94 S. Ct. at 2730. 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. Bd. Bd. Sec. 2d 965 (1977) ("no doubt that entertainment . Purely expressive works -- songs, movies and books of entertainment value only -- are protected by the First Amendment just like works of moral philosophy. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Ms. Montoya is a product of the public k16+ education system and a graduate of Arizona State University currently finishing a masters at Penn State. I would also question the notion that an explanation from the teacher was necessary before the class was likely to understand the themes and viewpoints contained in this film. In the present case, it is undisputed that plaintiff's employment was terminated because she had the "R" rated movie shown to her students and because she said she would do it again. 2d 471, 97 S. Ct. 568 (1977) (finding a teacher's communication with a radio station regarding school board policies was constitutionally protected activity); Givhan v. Western Line Consol. 1 of Towns of Addison, 461 F.2d 566 (1972) | Connally v. General Construction Co., 269 U.S. 385, 391, 46 S. Ct. 126, 70 L. Ed. 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 . And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. The single most important element of this inculcative process is the teacher. " Cited 630 times, 94 S. Ct. 2727 (1974) | 1969); Dean v. Timpson Independent School District, 486 F. Supp. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. Id., at 839. Joint Appendix at 242-46. Sign up for our free summaries and get the latest delivered directly to you. The inculcation of these values is truly the "work of the schools.". 2d 584 (1972). The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. OF COLORA, Emergency Coalition to Defend Educational Travel v. United States Dep't of the Treasury, UNITED STATES v. AKZO COATINGS OF AMERICA, Professional Standards Commission v. Alberson. denied, 464 U.S. 993, 104 S. Ct. 487, 78 L. Ed. 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. GIVHAN v. WESTERN LINE CONSOLIDATED SCHOOL DISTRICT ET AL. 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." v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. Wieman v. Updegraff, 344 U.S. 183, 196, 97 L. Ed. v. Fraser, --- U.S. ----, 106 S. Ct. 3159, 92 L. Ed. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. The Court in the recent case of Bethel School Dist. Id. The plurality opinion of Pico, used the Mt. Click the citation to see the full text of the cited case. Bd. 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. Joint Appendix at 129-30. $(document).ready(function () { Heres how to get more nuanced and relevant 2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 60 L. Ed. 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. at p. 664. Id., at 863-69, 102 S. Ct. at 2806-09. We have viewed the film in conjunction with Fowler's testimony concerning the portions of the film which were edited during the two showings, and we conclude that the district court's findings in this regard are clearly erroneous. The school board stated insubordination as an alternate ground for plaintiff's dismissal. The court disagreed, concluding that "the regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of misconduct." Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. Cited 711 times, 94 S. Ct. 1633 (1974) | Mrs. Eastburn is the chairperson of the Estrella Village Planning Committee, and she has sat on numerous other city committees. v. DETROIT BOARD EDUCATION ET AL. 2d 731 (1969). Cir. (b) Immoral character or conduct unbecoming a teacher . denied, 409 U.S. 1042, 93 S. Ct. 529, 34 L. Ed. Ala. 1970), is misplaced. 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. They also found the movie objectionable because of its sexual content, vulgar language, and violence. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature.7 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. Send Email re-employment even in the absence of the protected conduct." ARAPAHOE SCH. DIST. 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. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S. Ct. 777, 96 L. Ed. Showing an R rated movie- Pink Floyd The Wall to her high school students; grades 9-11, on the last day of the 1983-1984 school year. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. 2d 619 (1979); Mt. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. at 307; Parducci v. Rutland, 316 F. Supp. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 92 L. Ed. See also James, 461 F.2d at 568-69. . 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. Fowler v. Board of Education of Lincoln County Kentucky, Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (Sixth Circuit, 1987). v. INDUSTRIAL FOUNDATION SOUTH. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 683-84, 17 L. Ed. 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." 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." 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 made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. 2d 435, 102 S. Ct. 2799 (1982), and Bethel School Dist. 2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. The fundamental principles of due process are violated only when "a statute either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." Joint Appendix at 291. Cited 533 times, 418 F.2d 359 (1969) | I would suggest that the rationale underlying Spence v. Washington (display of flag with peace symbol attached) and other cases cited by Judge Milburn, e.g., Brown v. Louisiana, 383 U.S. 131, 15 L. Ed. Shown on a non-instructional day that was used for teachers to complete grade cards, A group of students requested the movie, Fowler was not familiar with the movie, Fowler asked students if it was appropriate for school, Charles Bailey (age 15), said it, Fowler instructed Charles Bailey the 15 year old student to edit out parts that were. 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." Id. Cited 1917 times, 631 F.2d 1300 (1980) | of Educ. Another scene shows children being fed into a giant sausage machine. 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." 2d 637 (1966) (sit-in by black students in "whites only" library was symbolic speech); West Virginia State Board of Education v. Barnette, 319 U.S. 624, 633-34, 63 S. Ct. 1178, 87 L. Ed. Healthy City School Dist. 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. If [plaintiff] shows "an intent to convey a particularized message . 1969)). Cited 3021 times. 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