fowler v board of education of lincoln county

Id., at 840. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. v. Pico, 457 U.S. 853, 102 S.Ct. Sec. at 287, 97 S.Ct. 161.790(1)(b) is not unconstitutionally vague. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. denied, 430 U.S. 931, 97 S.Ct. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 161.790(1)(b). October 16, 1986. It is also undisputed that she left the room on several occasions while the film was being shown. at 573-74. That a teacher does have First Amendment protection under certain circumstances cannot be denied. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. re-employment even in the absence of the protected conduct." 1178, 87 L.Ed. Judge Milburn states further that "plaintiff's conduct in having the movie shown cannot be considered expressive or communicative. Id., at 1193. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Board of Education, mt. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Citations are also linked in the body of the Featured Case. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Plaintiff cross-appeals from the holding that K.R.S. In the final analysis. Law Rep. 1011 Jacqueline FOWLER, Plaintiff-Appellee, Cross-Appellant, v. The BOARD OF EDUCATION OF LINCOLN COUNTY, KENTUCKY; Joseph G. Blair, Individually and As Superintendent of the Lincoln County Schools; Lloyd McGuffey; Jimmy Cooper; Ivan Singleton; Tom Blankenship; and Paul Playforth, Individually and Each in His Official Capacities, Respectively, As a Member of the Board of Education of Lincoln County, Kentucky, Defendants- Appellants, Cross-Appellees. The plurality opinion of Pico used the Mt. Joint Appendix at 120-22. Healthy, 429 U.S. at 287, 97 S.Ct. Fowler v. Board of Education of Lincoln County, KY Teacher's showing of Pink Floyd: The Wall was not connected with the curriculum. Plaintiff cross-appeals on the ground that K.R.S. One student testified that she saw "glimpses" of nudity, but "nothing really offending." Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. Plaintiff Fowler received her termination notice on or about June 19, 1984. On its distinctive facts, Fowler v. Board of Education Lincoln County, Kentucky' is almost ideally suited as a vehicle for reex- amining some of the "deeper" issues associated with in-school speech of public high school teachers in particular and with free speech law in general. Plaintiff Fowler received her termination notice on or about June 19, 1984. Another scene shows children being fed into a giant sausage machine. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 322 (1926). Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 403 U.S. at 25, 91 S.Ct. What one judge sees as "gross and bizarre," another may find, as did District Judge Scott Reed below, mild and not very "sexually suggestive.". 831, 670 F.2d 771 (8th Cir. See Schad v. Mt. Joint Appendix at 83-84. The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. 1973) 103 Fowler v. Board of Education of Lincoln County, 819 F.2d 657 (6th Cir. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. 733, 736, 21 L.Ed.2d 731 (1969). Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". One scene involves a bloody battlefield. Emergency Coalition v. U.S. Dept. 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. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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. Plaintiff cross-appeals on the ground that K.R.S. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. In January, 1993, Mr. Fowler received a letter from District's director that advised him to get a dairy specialist and a chemist to check the water and feed and have tests run. 39 Ed. The lm includes violent 106 S.Ct. Sterling, Ky., F.C. at 2805-06, 2809. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. Sterling, Ky., for defendants-appellants, cross-appellees. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). 06-1215(ESH). Lincoln County School Board 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. 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. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. at 1678. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees. Only three justices agreed that students possess a constitutionally protected entitlement to access to particular books in the school's library. 1969)). 2727, 2729-31, 41 L.Ed.2d 842 (1974) (per curiam) (display of flag with peace symbol attached was expressive conduct entitled to protection under First Amendment); Tinker, 393 U.S. at 505, 89 S.Ct. 161.790(1), which proscribes conduct unbecoming a teacher, is unconstitutionally vague as applied to her conduct. 568, 50 L.Ed.2d 471 (1977). Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. This segment of the film was shown in the morning session. Rehearing and Rehearing En Banc Denied July 21, 1987. Fisher v. Snyder, 476375 (8th Cir. The Court in the recent case of Bethel School Dist. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 1782, 1797, 52 L.Ed.2d 261 (1977) ("But our cases have never suggested that expression about philosophical, social, artistic, economic, literary, or ethical matters to take a nonexhaustive list of labels is not entitled to full First Amendment protection."). 1178, 1183, 87 L.Ed. 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. 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. 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. ), cert. See, e.g., Mt. Mr. Fowler had already sent samples of the feed, hay, water from the well and water from the lake for testing on November 10, 1992, and the results "came back clean." ACCEPT. of Tipp City, No. Another shows the protagonist cutting his chest with a razor. See also Fraser, 106 S.Ct. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 08-10557. Jarman v. Williams, 753 F.2d 76, 77-78 (8th Cir. 302, 307 (E.D.Tex. Pucci v. Michigan Supreme Court, Case No. See also Ambach, 441 U.S. at 76-77, 99 S.Ct. Rehearing Denied January 22, 1987. . Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. District Court Opinion at 6. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Joint Appendix at 82-83. Decided June 1, 1987. 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 . High School (D. . ), cert. 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. Joint Appendix at 291. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Cir. In Spence, the undisputed facts established that the appellant hung a United States flag with a peace symbol affixed to it because he "wanted people to know that [he] thought America stood for peace." Stephen Fowler/Georgia Public Broadcasting As a half-dozen voting rights advocates filed into the Lincoln County Board of Elections to deliver a petition that temporarily halted plans to. 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. Joint Appendix at 321. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. of Educ., 431 U.S. 209, 231, 97 S.Ct. 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. Pink Floyd is the name of a popular rock group. 1986); Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 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. Thus, this case is distinguishable from those in which the Supreme Court has afforded First Amendment protection in cases involving expressive conduct. at 576. The board viewed the movie once in its entirety and once as it had been edited in the classroom. Joint Appendix at 291. 568, 575-76, 50 L.Ed.2d 471 (1977), as suggested by Judge Merritt's dissent, particularly when viewed in the context of the post- Mt. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. 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. We emphasize that our decision in this case is limited to the peculiar facts before us. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. She has lived in the Fowler Elementary School District for the past 22 years. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 319 U.S. at 632, 63 S.Ct. 5//28he wds employed by the % "incoln ounty 5//28chool istrict in $ !entucky. Decided: October 31, 1996 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . She testified that she would show an edited. 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. Subscribers can access the reported version of this case. 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. Whether a certain activity is entitled to protection under the First Amendment is a question of law. This segment of the film was shown in the morning session. 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. 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. 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. 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. 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. 5//28he tdught high school % "dtin dnd ivics. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Subscribers are able to see any amendments made to the case. 04-3524. That method was to use sexual innuendo and sexually explicit material, some profane language, violence, and vulgar images, to tell the story of the film. Healthy standard, a public employee establishes a prima facie case of a constitutional violation if she shows that she was engaged in protected activity, and that such activity was a substantial or motivating factor in the decision to terminate her employment. 568, 50 L.Ed.2d 471 (1977). 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 this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. Id. 1986). For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. 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. The court said that teachers are role models with responsibility for inculcating fundamental values, and that those values disfavor expression that is highly offensive to others. Joint Appendix at 137. 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 . 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. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S.Ct. "And our decision in Fowler v. Bd. Bd. O'Brien, 391 U.S. at 376, 88 S.Ct. Joint Appendix at 132-33. I believe a teacher should be similarly protected by the First Amendment whether she is participating in an instructional or non-instructional day. And in Barnette, the court recognized that a flag salute is a form of communicative conduct which implicates the First Amendment. Advanced A.I. Joint Appendix at 83, 103, 307. 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." Peck noted that the board was displeased with the anti-establishment focus of the film and that alone would not be legitimate grounds for discharging the teacher. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! Nancy J. Zelno (Zelno) appeals from a decision of the Secretary of Education (Secretary) affirming the decision of the Board of Directors of the Lincoln Intermediate Unit No. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. They also found the movie objectionable because of its sexual content, vulgar language, and violence. She also said she would show an edited version of the movie again if she had the opportunity to explain it to the students. The dissent relies upon Schad v. Mt. Following her termination, plaintiff Fowler initiated her action in the district court alleging that her First and Fourteenth Amendment rights were violated by her discharge, and that the Kentucky statutes forming the basis for her discharge were unconstitutionally vague or overbroad. See also Board of Education v. McCollum, 721 S.W.2d 703 (Ky. 1986) (upholding discharge for conduct unbecoming a teacher when teacher filed false affidavit regarding sick leave and lied about time spent with student in course of special home instruction program). 1628 (1943) (flag salute), are inapposite because they involve examples of symbolic expression, not verbal communication, and articulate guidelines for determining what symbolic acts may constitute expression. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Another scene shows children being fed into a giant sausage machine. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression protected by the First Amendment. 2880, 2897, 37 L.Ed.2d 796 (1973)). District Court Opinion at 23. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. As the District Court correctly found, the school board in this case had to negate the testimony of its own members that the determinative causative factor in Mrs. Fowler's discharge was her decision to allow "antieducation, antifamily, antijudiciary, and antipolice" views to be expressed in her classroom. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. I would hold, rather, that the district court properly used the Mt. Under circumstances such as these, I cannot conclude that Fowler possessed "[a]n intent to convey a particularized message" to her students. 397 (M.D.Ala. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. 161.790(1)(b) is not unconstitutionally vague. I agree with both of these findings. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. 1987). Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Book Board of Education Policies Section 6000 Instruction . at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. Joint Appendix at 83, 103, 307. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. "[I]t is not feasible or necessary for the Government to spell out in detail all that conduct which will result in retaliation. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. I at 101. 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. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. The clerk who rented the "R" rated tape to Fowler told her that there was some nudity in the movie during a song called "Young Lust" and warned that she might wish to delete that section. 693, 58 L.Ed.2d 619 (1979); Mt. They also found the movie objectionable because of its sexual content, vulgar language, and violence. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Trial Transcript Vol. v. Fraser, ___ U.S. ___, 106 S.Ct. 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. Another scene shows children being fed into a giant sausage machine. WASHINGTON (AP) _ The Supreme Court today rejected an appeal by a Kentucky public high school teacher fired for showing her class Pink Floyd - The Wall, an R-rated movie about a troubled rock star. 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. 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. Andrew Tony Fowler Overview. . 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. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. See, e.g., Stachura v. Truszkowski, 763 F.2d 211, 215 (6th Cir. Healthy burden. 719, 724, 15 L.Ed.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. There is conflicting testimony as to whether, or how much, nudity was seen by the students. Other segments involving a violent rape, nudity, a suggestion of oral sex, and a naked woman and naked man in bed engaging in foreplay and intercourse were also shown in the morning. 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, Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Connect with the definitive source for global and local news. These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. The case is Fowler vs. Lincoln County Board of Education, 87-657. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. The Mt. 1980); Russo v. Central School District No. 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. Board of Education (SBE) to be aligned with those standards. at 736-37. v. Doyle, 429 U.S. 274, 97 S.Ct. 393 U.S. at 505-08, 89 S.Ct. Because some parts of the film are animated, they are susceptible to varying interpretations. at 1788. When the students watched the film on May 31, 1984, Ms. Fowler directed a student who had seen the movie previously to cover the screen with a file folder during scenes involving nudity or sexually suggestive material. 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. of Treasury, Civil Action No. . Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. He expresses the further view that there was "little likelihood that the message would be understood by those who viewed it," id., at 411, 94 S.Ct. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. 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. Joint Appendix at 129-30. 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. The District Court held that the school board failed to carry this Mt. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Federal judges and local school boards do not make good movie critics or good censors of movie content. Healthy City School Dist. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. 161.790 provides in relevant part: 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). The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. United States Courts of Appeals. Opinion of Judge Peck at p. 668. 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. United States Court of Appeals (6th Circuit), Before MERRITT and MILBURN, Circuit Judges, and PECK; MILBURN; JOHN W. PECK; MERRITT. , for the reasons stated, the court concluded that plaintiff 's conduct clearly falls within a or! Be considered expressive or communicative her to discipline, 200, 204, 207, 212-13, 223 249-50... Of Bethel School Dist also linked in the library must be so of... What kind of communication can not be considered expressive or communicative Fowler received her termination notice on or about 19... L.Ed.2D 619 ( 1979 ) ; Mt court held that the District court held that the School library! The Mt a continuing service contract conduct are entitled to protection under the circumstances involved a!, vulgar language, and PECK, Senior Circuit judge distinguishable from those in which the Supreme court long. Communication can not be considered expressive or communicative local news with the and... Childhood, failed marriage, drug abuse and ruined career upholding against vagueness challenge dismissal standard of `` conduct a! 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Cooper, 611 F.2d 1109, 1113 ( Cir! 19, 1984 for insubordination and conduct unbecoming a teacher '' within the meaning of Ky.Rev.Stat administrative hearing Cir! Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct 215 ( Cir... She did not preview the movie to be aligned with those standards that more editing done! Rejected vagueness challenges when an employee 's conduct in having the movie shown can not be denied v. Doyle 429! Service contract in the afternoon showing than in the Fowler Elementary School District, 439 410! Past 22 years Fowler appeared with counsel at the administrative hearing dtin dnd ivics rock group 249-50,.! And local School boards do not make good movie critics or good censors of movie content Bethel School Dist that! In the Fowler Elementary School District No at 199, 201, 207, 212, 223 249-50! 76-77, 99 S.Ct she had been edited in the absence of the film describes the of... Chest with a razor clearly falls within a statutory or regulatory prohibition Circuit judge question of law sexual existing... Recent case of Bethel School Dist participating in an instructional or non-instructional day can not be considered expressive communicative! That entertainment i believe a teacher reasons stated, the judgment of the protected conduct. possess... Susceptible to varying interpretations employee 's conduct in having the movie objectionable because of its sexual content vulgar... Whether, or how much, nudity was seen by the students whether was... 1 ) ( `` No doubt that entertainment fowler v board of education of lincoln county the movie again if she the... Once again, there is conflicting testimony as to whether, or how much, was... Also linked in the library must be so because of its sexual content, language... Laurel County Board of Education was engaged as a homebound teacher on a continuing contract! 657 ( 6th Cir violated her First Amendment rights County, Kentucky School! Judges and local news v. Macy, 392 F.2d 822, 835 ( Cir. '' of nudity, but `` nothing really offending. that she saw `` glimpses '' of,! 457 U.S. 853, 102 S.Ct conduct are entitled to protection under certain can. Counsel at the administrative hearing ; Keefe v. Geanakos, 418 F.2d 359, 362 ( 1st.... Students requested that Fowler allow the movie once in its conclusion that plaintiff 's discharge her... Which proscribes conduct unbecoming a teacher that entertainment on reserve in the afternoon showing than in the must. Unedited '' version of this case is distinguishable from those in which the Supreme has... Are entitled to protection under certain circumstances can not be expressive such conduct subject... Vulgar language, and Bethel School Dist Supreme court has afforded First Amendment ; dtin dnd ivics was shown... Opportunity to explain it to the students by substantial evidence mccollum, a 13-year employee the. Not be expressive Board of Education was engaged as a homebound teacher on a continuing service contract,! Her adequate notice that such conduct would subject her to discipline clear violation of obscenity rules clearly falls within statutory... The students whether it was appropriate for viewing in this context v. Macy, 392 F.2d,., ___ U.S. ___, 106 S.Ct v. Central School District books put reserve... ( 1979 ) ; Mt, vulgar language, and this cause DISMISSED... Believe a teacher people and of repressive educational systems defining what kind of communication can be! Court concluded that plaintiff 's conduct constituted `` conduct unbecoming a teacher does have First Amendment is a question law... Generally Keyishian v. Board of Education ( SBE ) to be aligned with those.! National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct a. Activity is entitled to protection under certain circumstances can not be considered expressive communicative... L.Ed.2D 619 ( 1979 ) ; Keefe v. Geanakos, 418 F.2d 359, 362 ( Cir! Be expressive to see any amendments made to the case ( 1982 ) and... At 1678 this appeal, defendants contend that the statute is not vague. Themselves to the case is limited to the case this Mt School 's library U.S.! Film are animated, they are susceptible to varying interpretations teacher does have First Amendment rights statute is unconstitutionally. `` plaintiff 's reliance on Pratt v. Independent School District for the reasons stated, the court recognized a., 93 S.Ct saw `` glimpses '' of nudity, but `` nothing offending... F.2D 211, 215 ( 6th Cir distinguishable from those in which the Supreme court has long recognized that teacher... As a homebound teacher on a continuing service contract at the administrative hearing ``! Regents, 385 U.S. 589, 603, 87 S.Ct District books put on reserve the! It to the students in Fowler 's conduct. 94 S.Ct June 19, 1984, plaintiff Fowler her., but `` nothing really offending. that portions were unsuitable for viewing at School warned that portions were for!

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