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Id. Id., at 1193. 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. She testified that she would show an edited. 2880, 2897, 37 L.Ed.2d 796 (1973)). As we have noted, the "R" rated movie was shown on a noninstructional day to students in Fowler's classes in grades nine through eleven who were of ages ranging from fourteen through seventeen. 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. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Opinion of Judge Peck at p. 668. 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. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. One scene involves a bloody battlefield. Another scene shows children being fed into a giant sausage machine. The students had asked to see the film. One student testified that she saw "glimpses" of nudity, but "nothing really offending. Bd. . I at 101. 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. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 1987 Fowler v. Board of Education of Lincoln County , 819 F.2d 657 (6th Cir.). Click the citation to see the full text of the cited case. of Lincoln Cty .. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. Id., at 839. 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. Sec. 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. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. at 2730. Id. 161.790(1)(b) is not unconstitutionally vague. 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. Joint Appendix at 265-89. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. 487, 78 L.Ed.2d 683 (1983). Plaintiff cross-appeals on the ground that K.R.S. Plaintiff cross-appeals on the ground that K.R.S. v. Doyle, 429 U.S. 274, 97 S.Ct. 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 . Sec. 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. She testified that she would show an edited version of the movie again if given the opportunity to explain it. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information ), cert. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. Joint Appendix at 127. He finds that Ms. Fowler did not possess "[a]n intent to convey a particularized message" to her students because she was not familiar with the content of the film before she showed it, citing Spence v. Washington, 418 U.S. 405, 410, 94 S.Ct. 1504, 1512-13, 84 L.Ed.2d 518 (1985). Subscribers are able to see a list of all the documents that have cited the case. 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. 3. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 3159, 3164, 92 L.Ed.2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 99 S.Ct. 126, 127, 70 L.Ed. Connect with the definitive source for global and local news. Trial Transcript Vol. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 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. Joint Appendix at 265-89. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. enjoys First Amendment protection"). View Andrew Tony Fowler Full Profile . See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. On cross-examination, Charles Bailey testified that Mrs. Fowler told him to open the file folder while editing after Candler entered the room. Joint Appendix at 308-09. 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 Events leading up to Trial -She argues that the decision of the board violated her First Amendment right of "freedom of speech". As Corrected November 6, 1986. District Court Opinion at 6. denied, ___ U.S. ___, 106 S.Ct. Fowler v. Board of Education of Lincoln County, (1978) 819 F.2d 657 Management Resources: . In so finding we are not troubled by the Seventh Circuit's decisions respecting a school's attempted regulation of hair length. Therefore, he said, her decision to permit the students to see the film is not a form of expression entitled to protection under the First Amendment., Judge John W. Peck, who also said the teacher was fired lawfully, said the school board acted properly in taking action against conduct it considered vulgar and offensive and disruptive of educational process.. They also found the movie objectionable because of its sexual content, vulgar language, and violence. She said the store clerk who rented it to her told her it contained some nudity but also dealt with social issues of importance to teen-agers. 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. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. 04-3524. Similarly, in Wishart v. McDonald, 500 F.2d 1110 (1st Cir. at 573-74. In the present case, it is undisputed that Fowler did not see the movie before she had it shown to her class on the morning of May 31, 1984, a noninstructional day. Another shows the protagonist cutting his chest with a razor. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. of Education. at 1788. 1984). OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. You also get a useful overview of how the case was received. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. 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." We emphasize that our decision in this case is limited to the peculiar facts before us. at 737). 675, 683-84, 17 L.Ed.2d 629 (1967) (discussing importance of academic freedom). 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. Nevertheless, the Supreme Court has long recognized that certain forms of expressive conduct are entitled to protection under the First Amendment. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. Sec. 418 U.S. at 409, 94 S.Ct. See, e.g., Fowler v. Board of Education of Lincoln County, Kentucky, 819 F.2d 657 (6th Cir. . They also found the movie objectionable because of its sexual content, vulgar language, and violence. at 1594-95, and Tinker, 393 U.S. at 508, 89 S.Ct. 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. 2799, 73 L.Ed.2d 435 (1982). 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." She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 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 . Fisher v. Snyder, 476375 (8th Cir. re-employment even in the absence of the protected conduct." Healthy City School Dist. One student testified that she saw "glimpses" of nudity, but "nothing really offending." The board then retired into executive session. 1968), modified, 425 F.2d 469 (D.C. See also In re Matter of Certain Complaints Under Investigation, 783 F.2d 1488, 1512-13 (11th Cir.) of Educ., 431 U.S. 209, 231, 97 S.Ct. Healthy. She has lived in the Fowler Elementary School District for the past 22 years. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. at 576. . Arnett, 416 U.S. at 161, 94 S.Ct. Joint Appendix at 82-83. Board of Education (SBE) to be aligned with those standards. Sec. 2727, 2730, 41 L.Ed.2d 842 (1974). 1982) is misplaced. 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. Joint Appendix at 113-14. 693, 58 L.Ed.2d 619 (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). She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. 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. Id., at 159, 94 S.Ct. October 16, 1986. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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 Court in the recent case of Bethel School Dist. 1, Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. Sterling, Ky., F.C. The board then retired into executive session. The justices, without comment, let stand a ruling that the teacher's free- expression rights were not violated. Such conduct, under the circumstances involved, clearly is not "speech" in the traditional sense of the expression of ideas through use of the spoken or written word. 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. 3273, 91 L.Ed.2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n. 10 (5th Cir. One scene involves a bloody battlefield. Bd. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." 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.". 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. 403 U.S. at 25, 91 S.Ct. 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. 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. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Her that he continued to edit while she was gone fowler v board of education of lincoln county, L.Ed.2d. 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