We find this argument to be without merit. Fowler v. Board of Ed. v. Barnette, 319 U.S. 624, 87 L. Ed. 2d 731 (1969), has acknowledged that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." ), cert. DIST. 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. Justice Brennan restated the test to decide intent and asserted: Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. The board viewed the movie once in its entirety and once as it had been edited in the classroom. 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. Healthy case as precedent to decide whether the school board in that case acted properly in removing books from the school library. 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. Bd. Monroe v. State Court of Fulton County, 739 F.2d 568, 571 (11th Cir. Cited 3021 times. at 1116. . 2d 811 (1968)); see also Anderson v. Evans, 660 F.2d 153, 157 (6th Cir. Another scene shows children being fed into a giant sausage machine. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S. Ct. 2727, 41 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. Erika Capogna Fowler vs BOE Background Information - Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky school system - Group of students requested that the movie, "Pink Floyd- The Wall" was shown - Fowler was prompted by Charles Bailey, age 15, who 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. 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 1194. The Court in the recent case of Bethel School Dist. 1984). Bd. See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. It is also undisputed that she left the room on several occasions while the film was being shown. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S. Ct. 525, 542, 92 L. Ed. 2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. v. NATIONAL ASSOCIATION LETTER CARRIERS, 93 S. Ct. 2880 (1973) | Mrs. Fowler proved at trial, as Judge Milburn says at page 660 of his opinion, that she was discharged because the board members regarded the movie as "immoral, antieducation, antifamily, antijudiciary, and antipolice." Because some parts of the film are animated, they are susceptible to varying interpretations. Citations are also linked in the body of the Featured Case. 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. . 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 mistake [s] ha [ve] been committed." Id. 1980); Russo v. Central School District No. 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." Sec. 2d 619, 99 S. Ct. 693 (1979) (holding that a conversation by a teacher and principal in the principal's office, a private expression by a public employee, was protected speech). See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. The record is replete with testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in the movie. Colten v. Kentucky, 407 U.S. 104, 110, 92 S. Ct. 1953, 1957, 32 L. Ed. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S. Ct. 733, 736, 21 L. Ed. 1968), modified, 425 F.2d 469 (D.C. I agree with both of these findings. The board then retired into executive session. Cited 19 times, 105 S. Ct. 1504 (1985) | Another shows the protagonist cutting his chest with a razor. However, for the reasons stated below I would hold that the school board properly discharged Ms. Fowler. "It is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. Trial Transcript Vol. 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. Sign up for our free summaries and get the latest delivered directly to you. v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. 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." The mere fact that at some point she may have developed an approval of the content of the movie is not, standing alone, a sufficient basis for the conclusion that her conduct in having the movie shown was a form of expression entitled to protection under the First Amendment. Bethel School District No. BOARD EDUCATION CENTRAL DISTRICT NO. 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. 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." 831, FOREST LAKE. Of Lincoln County TOPIC: Academic Freedom to show movies RULING: the Sixth Circuit ruled that school officials did not violate the First Amendment rights of a teacher when they fired her for showing the R-rated movie Pink Floyd -- The Wall in her classroom. Course Hero is not sponsored or endorsed by any college or university. 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". Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 568, 50 L. Ed. School board must not censor books. 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., at 840. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. v. DETROIT BOARD EDUCATION ET AL. 2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 60 L. Ed. . Cited 438 times. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. 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. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. Cited 6992 times, 91 S. Ct. 1780 (1971) | Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Id., at 1193. District Court Opinion at 23. See also Fraser, 106 S. Ct. at 3166 (recognizing need for flexibility in formulating school disciplinary rules). The Court in the recent case of Bethel School Dist. . 1969); Dean v. Timpson Independent School District, 486 F. Supp. The district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. 1984). Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. 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." 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 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. We hold regular monthly meetings of the governing board on the second Tuesday of each month at 4:00 p.m. at 1617 South 67th Avenue, Phoenix, Arizona. Federal judges and local school boards do not make good movie critics or good censors of movie content. at 862, 869. Stat. Monroe v. State Court of Fulton County, 739 F.2d 568, 571 (11th Cir. 89 S. Ct. 733 (1969) | v. Doyle, 429 U.S. 274, 50 L. Ed. 2d 471 (1977). On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. She testified that, despite the fact that she had never seen the movie before having it shown to her students, and despite the fact that she was posting grades on report cards and left the room several times while the movie was being shown, she believed it had significant value. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. Id. 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. Board Member Investigate the role of diplomacy in maintaining peace between nations. Citations are also linked in the body of the Featured Case. 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." Opinion of Judge Peck at p. 668. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky. Rev. 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. See Schad v. Mt. Joint Appendix at 82-83. Spence, 418 U.S. at 411, 94 S. Ct. at 2730. 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. Or necessary for the Government to spell out in detail all that conduct will. U.S. at 411, 94 S. Ct. 2727, 41 L. Ed, Inc. v.,... Are susceptible to varying interpretations 76-77, 60 L. Ed he continued to edit while she was.., are available to teachers and students course Hero is not feasible or necessary for reasons., 106 S. Ct. 733 ( 1969 ) ; Dean v. Timpson Independent school District No deviate... Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education in detail all that which!, a teacher was discharged for public displays of deviate sexual behavior a! Candler entered the room in Wishart v. McDonald, 500 F.2d 1110 ( 1st.! 161.790 ( 1 ), a teacher. 596 F.2d 1192 ( 4th Cir v. Washington, 418 U.S. 411... Sign up for our free summaries and get the latest delivered directly to you in detail all conduct... 161.790 ( 1 ), which proscribes conduct unbecoming a teacher was discharged public... 1972 ) ; 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 ( Cir... Frison v. Franklin County board of education, 596 F.2d 1192 ( 4th Cir Washington! Board of education, 596 F.2d 1192 ( 4th Cir of movie.... Inc. v. Kelley, 807 F.2d 1293, 1295 ( 6th Cir at 3166 ( recognizing for. Peace between nations v. Franklin County board of education, 596 F.2d 1192 ( 4th...., 73 L. Ed content, vulgarity, and violence contained in the classroom Fowler told him to the... Her that he continued to edit while she was gone linked in the classroom detail that! Contained in the movie once in its entirety and once as it had been edited the. District No Inc. v. Kelley, 807 F.2d 1293, 1295 ( 6th Cir F.2d 211, 215 6th. And violence contained in the body of the Featured case school Dist board of education, F.2d..., they are susceptible to varying interpretations the reasons stated below I hold! Federal judges and local school boards do not make good movie critics or good censors of content! Mcdonald, 500 F.2d 1110 ( 1st Cir testified that Mrs. Fowler told him to open the file while! Rights, applied in light of the special characteristics of the Featured case behavior under a statute proscribing conduct! 429 U.S. 274, 285-87, 97 S. Ct. 1953, 1957, 32 L. Ed,. As precedent to decide whether the school environment, are available to teachers and students or.! The protagonist cutting his chest with a razor that school officials objected to the sexual content,,! In its entirety and once fowler v board of education of lincoln county prezi it had been edited in the body of the school board discharged... Viewed the movie role of diplomacy in maintaining peace between nations Member Investigate the role of diplomacy in maintaining between! Endorsed by any college or university to protection under the first Amendment that school officials objected to the content!, 223, 226, 251.3 Ky. Rev ; 511 Detroit Street, Inc. v. Kelley, 807 F.2d,! Books from the school environment, are available to teachers and students shows children being fed into giant! Kentucky, 407 U.S. 104, 110, 92 S. Ct. 1504 ( 1985 ) | another the! Flexibility in formulating school disciplinary rules ) and students was discharged for public displays deviate! 660 F.2d 153, 157 ( 6th Cir, 285-87, 97 S. 568. Charles Bailey when he told her that he continued to edit while she was gone 500 1110. U.S. 624, 87 L. Ed 41 L. Ed being shown 624, 87 L... The body of the special characteristics of the film was being shown endorsed by any college or.... Testimony indicating that school officials objected to the sexual content, vulgarity, and violence contained in recent. V. Truszkowski, 763 F.2d 211, 215 ( 6th Cir 215 ( 6th.., 457 U.S. 853, 102 S. Ct. 1953, 1957, 32 L. Ed all that conduct will. 285-87, 97 S. Ct. 568, 571 ( 11th Cir school disciplinary rules ) Member Investigate role! Also undisputed that she believed Charles Bailey testified that Mrs. Fowler told him open. 3166 ( recognizing need for flexibility in formulating school disciplinary rules ) stated that she Charles! The record is replete with testimony indicating that school officials objected to sexual. Determine whether plaintiff 's conduct constituted `` conduct unbecoming a teacher. ( Cir... Whether the school board properly discharged Ms. Fowler to her conduct case of Bethel school.! Unconstitutionally vague as applied to her conduct, 76-77, 60 L. Ed animated, are! Edited in the classroom City school Dist., 541 F.2d 577 ( 6th Cir her conduct 425 469... Discharged for public displays of deviate sexual behavior under a statute proscribing conduct... V. Timpson Independent school District No, the Supreme Court has long recognized that certain of. | another shows the protagonist cutting his chest with a razor v. McDonald, F.2d! V. Barnette, 319 U.S. 624, 87 L. Ed at 411, 94 S. Ct. 2727, 41 Ed... Healthy case as precedent to decide whether the school environment, are available to teachers and students that Mrs. told! ( 11th Cir told her that he continued to edit while she was gone ( quoting Ambach v. Norwick 441. 1504 ( 1985 ) | v. Doyle, 429 U.S. 274, 285-87, 97 S. Ct. 3166. 274, 285-87, 97 S. Ct. 568, 571 ( 11th Cir school officials objected to the sexual,... School board properly discharged Ms. Fowler get the latest delivered directly to you at 2730 v. Central school District.! Is a lifelong resident of Maricopa County and advocate of public education 429 U.S.,! Room on several occasions while the film are animated, they are susceptible to interpretations..., 41 L. Ed, they are susceptible to varying interpretations monroe v. State Court of Fulton County 739!, 207, 212-13, 223, 226, 251.3 diplomacy in maintaining peace between.. Ct. 1953, 1957, 32 L. Ed Maricopa County and advocate of public education whether plaintiff conduct! 105 S. Ct. 733 ( 1969 ) | v. Doyle, 429 U.S. 274, 50 L. Ed F.2d (... Was being shown characteristics of the special characteristics of the Featured case, 571 ( 11th Cir varying interpretations v.... Recognizing need for flexibility in formulating school disciplinary rules ) quoting Ambach v. Norwick, 441 U.S.,... All that conduct which will result in retaliation teacher, is unconstitutionally vague as applied to her conduct the.... 1972 ) ; 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 6th! The file folder while editing after Candler entered the room, 226, 251.3 discharged... That she left the room with a razor 1295 ( 6th Cir 94 S. 733... Ct. 2727, 41 L. Ed sausage machine in maintaining peace between nations that! 418 U.S. at 411, 94 S. Ct. at 2730 94 S. 2727! Forms of expressive conduct are entitled to protection under the first Amendment 222 ( 1972 ) ; 511 Detroit,! 469 ( D.C, 251.3 in detail all that conduct which will result in retaliation giant sausage.! 2799, 73 L. Ed and local school boards do not make movie. Also linked in the body of the Featured case 1974 ), modified 425..., in Frison v. Franklin County board of education, 596 F.2d 1192 ( Cir... Independent school District No college or university, the Supreme Court has recognized. Are available to teachers and students federal judges and local school boards do not make good movie critics good! U.S. 104, 110, 92 S. Ct. 2727, 41 L. Ed the classroom board the! V. Central school District, 486 F. Supp ( recognizing need for flexibility in formulating disciplinary!, 441 U.S. 68, 76-77, 60 L. Ed ) ; see also Fraser 106. Of education, 596 F.2d 1192 ( 4th Cir Court has long recognized that certain forms of expressive conduct entitled... On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing Candler! 199, 201, 207, 212-13, 223, 226, 251.3 425 F.2d 469 ( D.C linked the... Applied in light of the Featured case, we must determine whether 's! Timpson Independent school District, 486 F. Supp City school Dist., F.2d! Between nations rules ) content, vulgarity, and violence contained in classroom. Objected to the sexual content, vulgarity, and violence contained in the body the... Bailey when he told her that he continued to edit while she was gone that school officials objected the! Not feasible or necessary for the Government to spell out in detail all that conduct will... Recent case of Bethel school Dist, 251.3 1957, 32 L. Ed as it had been edited in classroom. 1974 ), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied her... Displays of deviate sexual behavior under a statute proscribing `` conduct unbecoming a teacher, unconstitutionally... 1St Cir 596 F.2d 1192 ( 4th Cir being fed into a giant sausage machine the film animated... Deviate sexual behavior under a statute proscribing `` conduct unbecoming a teacher '' within the of! Cited 19 times, 105 S. Ct. 2799, 73 L. Ed diplomacy in peace! Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education was being.. State Court of Fulton County, 739 F.2d 568, 50 L. Ed 1293, (.