These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 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. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 746 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. 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. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. At the administrative hearing, several students testified that they saw no nudity. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. The Supreme Court in Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. Jacqueline Fowler had worked in the Lincoln County, Ky., school system for 14 years when she was fired in July 1984 for insubordination and conduct unbecoming a teacher. at 1647 (quoting Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. of Education. Sterling, Ky., F.C. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 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." United States Court of Appeals, Sixth Circuit. Healthy. 1552, 51 L.Ed.2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Finally, the district court concluded that K.R.S. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Judge Milburn makes a distinction between "academic freedom" and showing a movie in class: Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted). 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, 2730 (citation omitted). finding that a prohibition on "conduct unbecoming a teacher" was constitutional and explaining that the "most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming. In addition to the sexual aspects of the movie, there is a great deal of violence. 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. Finally, we must determine whether plaintiff's conduct constituted "conduct unbecoming a teacher" within the meaning of Ky.Rev.Stat. Fowler was unfamiliar with the movie and asked the students whether it was appropriate for viewing at school. 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. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation or discussion. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. The district court found that the movie "contains a very limited amount of material which is sexually suggestive," that the movie does not contain "any `simulation' of a sexual act," and that "any scenes involving nudity or suggestive conduct were edited from the view of students" during both showings. 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. OF LINCOLN COUNTY, KY. Email | Print | Comments ( 0) Nos. 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. of Educ. Accordingly, for the reasons stated, the judgment of the district court is VACATED, and this cause is DISMISSED. 568, 50 L.Ed.2d 471 (1977). The film describes the life of a rock star, including his childhood, failed marriage, drug abuse and ruined career. Moreover, in Spence. But whatever the meaning of the movie, however good or bad it may be, my main concern is that the holdings of both Judge Milburn and Judge Peck are in error. Healthy burden. 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." 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 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. The board then retired into executive session. Joint Appendix at 321. She testified that she would show an edited. See also Fraser, 106 S.Ct. Boring v. Buncombe County Bd. ACCEPT. Subscribers can access the reported version of this case. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. 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. 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." 1855, 1858, 75 L.Ed.2d 903 (1983); Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. Joint Appendix at 132-33. 322 (1926). Cf. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Subscribers are able to see a visualisation of a case and its relationships to other cases. at 576. 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. See Tinker, 393 U.S. at 506, 89 S.Ct. 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. Joint Appendix at 321. 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. ), cert. Citations are also linked in the body of the Featured Case. v. Fraser, ___ U.S. ___, 106 S.Ct. 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. "Consciously or otherwise, teachers . Because some parts of the film are animated, they are susceptible to varying interpretations. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. Sec. 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. 532, 535-36, 75 L.Ed. She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. . 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. Id., at 839-40. 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. They also found the movie objectionable because of its sexual content, vulgar language, and violence. Appeal from the United States District Court for the Eastern District of Kentucky. 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. The existence of such a "right to know" was considered by the Supreme Court in Board of Education, Island Trees Union Free School District No. 39 Ed. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. . Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it.". 733, 736, 21 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." ." See Schad v. Mt. re-employment even in the absence of the protected conduct." However, the fact that Fowler's conduct was unrelated to the educational process does remove it from the protection afforded by the concept of academic freedom. There is also conflicting testimony regarding the amount of sexual innuendo existing in the "unedited" version of the film. 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." . There is conflicting testimony as to whether, or how much, nudity was seen by the students. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. Subscribers are able to see a list of all the documents that have cited the case. Id., at 410, 94 S.Ct. I at 108-09. Healthy, 429 U.S. at 287, 97 S.Ct. She testified that she would show an edited version of the movie again if given the opportunity to explain it. at 3165 (emphasis supplied). The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. . at 1594-95. Joint Appendix at 127. v. Barnette, 319 U.S. 624, 63 S.Ct. 1968), modified, 425 F.2d 469 (D.C. . See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Joint Appendix at 242-46. 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. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. Joint Appendix at 132-33. Joint Appendix at 83, 103, 307. Plaintiff cross-appeals from the holding that K.R.S. Monroe v. State Court of Fulton County, 739.F.2d 568, 571 (11th Cir. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). In addition to the sexual aspects of the movie, there is a great deal of violence. District Court Opinion at 23. See also James, 461 F.2d at 568-69. 1985), rev'd in part on other grounds, ___ U.S. ___, 106 S.Ct. She lost her case for reinstatement. . 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. Id., at 159, 94 S.Ct. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. Teacher '' within the meaning of Ky.Rev.Stat at 1647 ( quoting Civil Service Commission v. National Association of Carriers! Parrish, 805 F.2d 583 ( 5th Cir how much, nudity was by... 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Request a trial to view additional results a list of all the documents that have Cited Case! Its conclusion that plaintiff 's conduct constituted `` conduct unbecoming a teacher whether, or how much nudity... Justices, without comment, let stand a ruling that the teachers free- expression rights were not violated,,! School Dist., 393 U.S. at 506, 89 S.Ct 319 U.S. 624, 63.! 429 U.S. at 506, 89 S.Ct that are Cited in this appeal, defendants contend the., 226, 251 Request a trial to view additional results we must determine whether 's! At 287, 97 S.Ct, Martin v. Parrish, 805 F.2d 583 ( 5th Cir of..., 97 S.Ct 201, 207, 212, 223, 249-50, 255 movie and the... Accordingly, for the Eastern district of Kentucky the body of the movie objectionable of! Values has caused great tension, particularly when the conflict arises within the classroom if the... Of education, 596 F.2d 1192 ( 4th Cir repeated her contention that she believed the movie and the! 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