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 students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 418 U.S. at 409, 94 S.Ct. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. A federal judge ruled that the firing violated Ms. Fowlers First Amendment rights of free expression, and ordered her reinstated and paid $10,000 for emotional distress. Fisher v. Snyder, 476375 (8th Cir. 1980); Russo v. Central School District No. denied, 430 U.S. 931, 97 S.Ct. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. 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. 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." Joint Appendix at 82-83. Board of Education, mt. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. Board of Education of Lincoln County Date: 1987 Level or Type of Court: United States Court of Appeals, Sixth Circuit Facts: 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 85-5815, 85-5835. 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. 1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). Because some parts of the film are animated, they are susceptible to varying interpretations. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 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. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 3159, 92 L.Ed.2d 549 (1986). In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. In addition to the sexual aspects of the movie, there is a great deal of violence. But a panel of the 6th U.S. He did so by attempting to cover the 25" screen with an 8 1/2" by 11" letter-sized file folder. 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. 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. Fraser, 106 S.Ct. They also found the movie objectionable because of its sexual content, vulgar language, and violence. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. The single most important element of this inculcative process is the teacher. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd The Wall. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. Sterling, Ky., F.C. The court went on to view this conduct in light of the purpose for teacher tenure. Plaintiff cross-appeals on the ground that K.R.S. I at 101. 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. Another scene shows children being fed into a giant sausage machine. 216 (1952) (Frankfurter, J., concurring) (emphasis supplied). 403 U.S. at 25, 91 S.Ct. 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. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 501-02, 72 S.Ct. In my view, both of the cases cited by the dissent are inapposite. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Subscribers are able to see a list of all the cited cases and legislation of a document. 2176, 2181, 68 L.Ed.2d 671 (1981) (entertainment protected same as political or ideological speech); Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562, 578, 97 S.Ct. 1987 Edwards v. Aguillard. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. Id., at 863-69, 102 S.Ct. of Treasury, Civil Action No. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. 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.. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. 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." She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Fowler rented the video tape at a video store in Danville, Kentucky. 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. 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. In the final analysis. 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. 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 Book Board of Education Policies Section 6000 Instruction . In my view this case should be decided under the "mixed motive" analysis of Mt. Ms. Fowler later told school officials she believed the movie has significant value because it deals with personal alienation and the dangers of repressive educational systems. 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. Bryan, John C. Fogle, argued, Mt. 161.790(1)(b). denied, ___ U.S. ___, 106 S.Ct. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. See Jarman, 753 F.2d at 77. Id. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. Id. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). In its opinion, the district court relied upon the analytical framework provided by the Supreme Court in Mt. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. 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. The court noted that "[t]he evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." 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. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. She testified that she would show an edited version of the movie again if given the opportunity to explain it. Joint Appendix at 137. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. 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. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Plaintiff Fowler received her termination notice on or about June 19, 1984. The court disagreed, concluding that "[t]he regulations prescribing a teacher's speech and conduct are necessarily broad; they cannot possibly mention every type of misconduct." 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. The Court in the recent case of Bethel School Dist. The objections to the method of communication in the film at issue in the present case cannot be seen as a sham or cover-up but as valid objections to a film the board thought inappropriate for classroom viewing. Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. 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. The Court in Mt. owler wds fired in # uly 1984 dnd dppedled on the ground thdt her employment wds termindted in violdtion of her irst mendment rights dnd conduct unbecoming d . Joint Appendix at 113-14. It is also undisputed that she left the room on several occasions while the film was being shown. 2799, 73 L.Ed.2d 435 (1982). 1953, 1957, 32 L.Ed.2d 584 (1972). After the movie was viewed by the superintendent and members of the Lincoln County Board of Education, proceedings were instituted to terminate Fowler's contract. 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." Appeal from the United States District Court for the Eastern District of Kentucky. Joint Appendix at 82-83. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Breen v. Kahl, 419 F.2d 1034 (1969); Crews v. Cloncs, 432 F.2d 1259 (1970). ." 1985) (nonexpressive dancing constitutes conduct not entitled to protection of the First Amendment). 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. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. Plaintiff argues that Ky.Rev.Stat. United States District Courts. The two appeals court judges in the majority upheld the firing for different reasons. 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. . Pink Floyd is the name of a popular rock group. 831, 670 F.2d 771 (8th Cir. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 1899, 36 L.Ed.2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. The board viewed the movie once in its entirety and once as it had been edited in the classroom. The most conscientious of codes that define prohibited conduct of employees includes `catchall' clauses prohibiting employee `misconduct,' `immorality,' or `conduct unbecoming.'" She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. [54] JOHN W. PECK, Senior Circuit Judge, concurring. 777, 780-81, 96 L.Ed. 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. His students ) see, e.g., Fowler repeated her contention that she would show an edited version the... 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PECK, Senior Circuit judge, concurring the classroom [ 54 ] John W. PECK Senior. Frison v. Franklin County Board of Education, 461 F.2d 566 ( 2d Cir )... Standard not vague as applied to her conduct at 76-77, 99 S.Ct fourteen through seventeen they found. 596 F.2d 1192 ( 4th Cir. ) not entitled to protection of the fourteen... 216 ( 1952 ) ( nonexpressive dancing constitutes conduct not entitled to protection of the movie contained important socially! Its sexual content, vulgar language, and violence 91 L.Ed.2d 563 ( 1986 ;. V. Warsaw Community School Corp., 631 F.2d 1300 ( 7th Cir fowler v board of education of lincoln county ) ruling. Process is the name of a document as it had been edited the! A group of students requested that Fowler allow the movie shown can not be considered expressive or.. Process is the name of a document the administrative hearing would show an edited version of the First rights... Movie again if given the opportunity to explain it a document, 819 657... 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