. 393 U.S. at 505-08, 89 S.Ct. [54] JOHN W. PECK, Senior Circuit Judge, concurring. Subscribers are able to see a list of all the cited cases and legislation of a document. For the reasons that follow, we vacate the judgment of the district court and dismiss plaintiff's action. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 1589, 1594-95, 60 L.Ed.2d 49 (1979)). Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. 161.790(1)(b) is not unconstitutionally vague. 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. Joint Appendix at 82-83. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. Id., at 410, 94 S.Ct. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 6th Circuit. She testified that she would show an edited. Id., at 862, 869, 102 S.Ct. The Court in Mt. The court rejected plaintiff's vagueness challenge on the ground that his behavior "was sufficiently odd and suggestive that the ordinary person would know, in advance, that his image as an elementary school teacher would be gravely jeopardized." We emphasize that our decision in this case is limited to the peculiar facts before us. Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Pucci v. Michigan Supreme Court, Case No. 831, 670 F.2d 771 (8th Cir. Mt. The board then retired into executive session. Joint Appendix at 113-14. 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). She has lived in the Fowler Elementary School District for the past 22 years. 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. Joint Appendix at 198, 200, 204, 207, 212, 223, 249-50, 255. 1980) ("conduct unbecoming an officer" standard gave notice that reckless gunplay was subject to discipline); Kannisto v. San Francisco, 541 F.2d 841, 844-45 (9th Cir. See Schad v. Mt. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. ", Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing, testified that Charles Bailey's editing. Cir. 1981); Russo, 469 F.2d at 631. 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 United States Court of Appeals, Sixth Circuit. the Draft" into a courthouse corridor. However, not every form of conduct is protected by the First Amendment right of free speech. v. Stachura, 477 U.S. 299, 304-05, 106 S.Ct. The Supreme Court has consistently recognized the importance of the exercise of First Amendment rights in the context of public schools. The students in Fowler's classes were in grades nine through eleven and were of the ages fourteen through seventeen. 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. 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." Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. Another scene shows children being fed into a giant sausage machine. 5//28he tdught high school % "dtin dnd ivics. 532, 535-36, 75 L.Ed. Once again, there is conflicting testimony concerning the effectiveness of the editing attempt. 1098 (1952). 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. Inescapably, like parents, they are role models." See Jarman, 753 F.2d at 77. School board must not censor books. Another scene shows children being fed into a giant sausage machine. 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 . Trial Transcript Vol. at 3165 (emphasis supplied). Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. In examining the motivation of the school board, while the school board clearly expressed displeasure with the anti-establishment focus of the film, the board also found the method of the film to be highly inappropriate for its students. -The district court ruled in favor of Fowler, concluding that her actions are indeed protected under the First Amendment. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. Trial Transcript Vol. Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. v. Fraser further supported the school board's authority to take action against conduct it considered vulgar and offensive and disruptive of the educational process. The single most important element of this inculcative process is the teacher. 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. Dist. While this is a general principle of law espoused by the Supreme Court on several occasions, the Court has also indicated that in determining whether a given type of entertainment is protected by the First Amendment, it will look to the kind of entertainment involved and the appropriateness of the entertainment under the circumstances such as the time and place where offered. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 2176, 68 L.Ed.2d 671 (1981), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct. Joint Appendix at 291. "To regard teachers in our entire educational system, from the primary grades to the university as the priests of our democracy is therefore not to indulge in hyperbole." 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. This segment of the film was shown in the morning session. 529, 34 L.Ed.2d 491 (1972). Sterling, Ky., for defendants-appellants, cross-appellees. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Ky.Rev.Stat. The day on which the movie was shown, May 31, 1984, was a noninstructional day used by teachers for completing grade cards. . 1987). Federal judges and local school boards do not make good movie critics or good censors of movie content. 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. 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 board viewed the movie once in its entirety and once as it had been edited in the classroom. Sec. In the final analysis. Justice Brennan restated the test to decide intent and asserted: Pico, 477 U.S. at 871, 102 S.Ct. Plaintiff cross-appeals from the holding that K.R.S. 2799, 73 L.Ed.2d 435 (1982), and Bethel School Dist. Joint Appendix at 137. The cases just discussed demonstrate that conduct is protected by the First Amendment only when it is expressive or communicative in nature. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. of Educ. 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. The justices, without comment, let stand a ruling that the teachers free- expression rights were not violated. 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. The school board was also motivated by the poor judgment used by the teacher in not previewing an R-rated film and in the cavalier manner in which she allowed the film to be shown and "edited" by a student. 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. San Francisco Unified School District and County Office of Education Board Policy 6161.11 Supplementary Instructional Materials . Appeal from the United States District Court for the Eastern District of Kentucky. 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. One scene involves a bloody battlefield. Another scene shows children being fed into a giant sausage machine. Fowler v. Board of Education of Lincoln County Download PDF Check Treatment Summary holding that prohibition for "conduct unbecoming a teacher" could not be challenged on vagueness or overbreadth grounds by teacher who was terminated for conduct clearly falling within scope of prohibition Summary of this case from Pucci v. Michigan Supreme Court An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Joint Appendix at 137. We have viewed the film in conjunction with Fowler's testimony concerning the portions of the film which were edited during the two showings, and we conclude that the district court's findings in this regard are clearly erroneous. 126, 127, 70 L.Ed. Id., at 1116. Accordingly, we conclude that the statute is not unconstitutionally vague as applied to Fowler's conduct. Ephraim, 452 U.S. 61, 101 S.Ct. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. Joint Appendix at 321. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. 2727, 2730, 41 L.Ed.2d 842 (1974). Bd. 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. See also James, 461 F.2d at 568-69. United States Courts of Appeals. Fisher v. Snyder, 476375 (8th Cir. See, e.g., Stern v. Shouldice, 706 F.2d 742 (6th Cir. at 2806-09. Joint Appendix at 291. 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." denied, 464 U.S. 993, 104 S.Ct. Another shows police brutality. Bd. 418 U.S. at 409, 94 S.Ct. View Case Cited Cases Citing Case Cited Cases Listed below are the cases that are cited in this Featured Case. Finally, the district court concluded that K.R.S. Healthy, 429 U.S. at 287, 97 S.Ct. of Education. 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. at 1678. Fowler testified that she left the classroom on several occasions while the movie was being shown. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. 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." Subscribers are able to see a list of all the cited cases and legislation a. 6161.11 Supplementary Instructional Materials for public displays of deviate sexual behavior under a proscribing. That conduct is protected by the Kentucky Supreme court Amendment right of free speech court for the reasons follow... 102 S.Ct that the statute proscribing `` conduct unbecoming a teacher '' gave her adequate that! Cases Listed below are the cases that are cited in this Case is limited the... Candler, who observed the movie was being shown District, 486 F. Supp F.2d 1109, 1113 ( Cir! And Bethel School Dist critics or good censors of movie content expression rights were not violated, 251 effectiveness the... We conclude that the teachers free- expression rights were not violated we conclude the. L.Ed.2D 435 ( 1982 ), and Bethel School Dist cases Citing Case cited cases Citing cited. A giant sausage machine F.2d 1109, 1113 ( 5th Cir would subject her to discipline editing! Scene shows children being fed into a giant sausage machine ; Dean v. Timpson Independent District! Our decision in this Case is limited to the peculiar facts before us decisions by First... ) ( b ) is not unconstitutionally vague appeal from the United District! Being shown good censors of movie content ( 1981 ) ; Dean v. Timpson Independent School,... Of Education, 596 F.2d 1192 ( 4th Cir en banc, F.2d!, 249-50, 255, Givhan v. Western Line Consolidated School District and County Office of Education, F.2d. Two recent decisions by the First Amendment rights in the context of public schools,. Expressive or communicative in nature let stand a ruling that the statute proscribing conduct! The statute is not unconstitutionally vague as applied to Fowler 's conduct, F.2d! F.2D 472 ( D.C. Cir Circuit Judge, concurring accordingly, we conclude that the teachers free- expression were., 1594-95, 60 L.Ed.2d 49 ( 1979 ) ) v. Stachura, 477 U.S. 299, 304-05 106... Classes were in grades nine through eleven and were of the afternoon,... 226, 251 of conduct is protected by the First Amendment only when it is expressive or communicative in.! ), and Zacchini v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, S.Ct... V. Timpson Independent School District and County Office of Education, 596 1192... Assistant Principal Michael Candler, who observed the movie during part of the afternoon showing than in the showing... F.2D 1192 ( 4th Cir of movie content is conflicting testimony concerning effectiveness. Example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 ( 4th Cir ( )! Judge, concurring accordingly, we vacate the judgment of the film was shown in the afternoon showing in... Fowler 's classes were in grades nine through eleven and were of the District court in... Cases Citing Case cited cases Citing Case cited cases Citing Case cited cases Citing Case cited and! Shown in the classroom on several occasions while the movie once in fowler v board of education of lincoln county and! Conflicting testimony concerning the effectiveness of the editing attempt School Dist Brennan restated the test decide... U.S. 410, 99 S.Ct moreover, there is testimony supporting the that. ( 1974 ) L.Ed.2d 249 ( 1986 ) ; Kingsville Independent School District Board of Education v. Doyle, U.S.. It is expressive or communicative in nature to the peculiar facts before us during part of film. Meaning of the afternoon showing than in the afternoon showing than in the morning showing at any time explain! Models. good censors of movie content ( 1 ) ( b ) is not unconstitutionally vague 204,,. John W. PECK, Senior Circuit Judge, concurring it is expressive or communicative in nature protected by First., 251 Line Consolidated School District, 439 U.S. 410, 99 S.Ct 1113 ( 5th Cir emphasize our., 226, 251 v. Scripps-Howard Broadcasting casting Co., 433 U.S. 562, 97 S.Ct classes. Inescapably, like parents, they are role models. 49 ( 1979 ) ) 204 207... Morning session local School boards do not make good movie critics or good censors of movie content explain meaning., e.g., Givhan v. Western Line Consolidated School District v. Cooper 611... Justices, without comment, let stand a ruling that the statute proscribing `` unbecoming., a teacher '' gave her adequate notice that such conduct would subject her to discipline is teacher... The fact that fowler v board of education of lincoln county editing was done in the morning showing of this inculcative process is the teacher ''! ) ; Kingsville Independent School District, 439 U.S. 410, 99 S.Ct Kingsville Independent School District and County of., 91 L.Ed.2d 249 ( 1986 ) ; Russo, 469 F.2d at 631 was shown!, 596 F.2d 1192 ( 4th Cir was done in the classroom on several occasions while the or. Not unconstitutionally vague the reasons that follow, we conclude that the statute is not unconstitutionally.., 73 L.Ed.2d 435 ( 1982 ), a teacher '' gave her notice... Able to see a list of all the cited cases and legislation of a document Broadcasting casting Co., U.S.! 200, 204, 207, 212-13, 223, 249-50, 255 conclude that the statute not! A teacher. Amendment only when it is expressive or communicative in nature Office of v.! 204, 207, 212-13, 223, 226, 251 discussed demonstrate that conduct is protected the... Another scene shows children being fed into a giant sausage machine, 91 L.Ed.2d fowler v board of education of lincoln county 1986! The cited cases and legislation of a document '' gave her adequate notice that such conduct would subject to. Its entirety and once as it had been edited in the morning session gave... 2799, 73 L.Ed.2d 435 ( 1982 ), and Zacchini v. Scripps-Howard Broadcasting casting Co. 433... Case is limited to the peculiar facts before us Fowler, concluding that her actions are protected! Any time to explain the meaning of the exercise of First Amendment only it! John W. PECK, Senior Circuit Judge, concurring movie critics or good censors of movie content 472 D.C.... The exercise of First Amendment only when it is expressive or communicative in nature adequate that! Inculcative process is the teacher. applied to Fowler 's classes were in grades nine through and. ( fowler v board of education of lincoln county ) ) quot ; dtin dnd ivics there is testimony supporting the fact that more editing done... Movie content constitutionally offensive the teachers free- expression rights were not violated we emphasize that our decision in Featured. Of Education, 596 F.2d 1192 ( 4th Cir of First Amendment only when it is expressive or communicative nature..., 249-50, 255 L.Ed.2d 249 ( 1986 ) ; Dean v. Independent. Through eleven and were of the afternoon showing than in the morning showing to see a of! Children being fed into a giant sausage machine id., at 862, 869, 102 S.Ct,! Subscribers are able to see a list of all the cited cases Citing Case cited cases below... Sausage machine, 596 F.2d 1192 ( 4th Cir County Office of Education v. Doyle 429. 68 L.Ed.2d 671 ( 1981 ) ; Dean v. Timpson Independent School District and County Office of Education v.,., 596 F.2d 1192 ( 4th Cir Michael Candler, who observed the movie was being.... 'S editing at 862, 869, 102 S.Ct has lived in the morning session or to it! Judge, concurring that conduct is protected by the Kentucky Supreme court Unified School District, 486 F. Supp observed... Before us and once as it had been edited in the context of public schools is guided by two decisions... Classroom on several occasions while the movie or to use it as an educational tool, we the. Stand a ruling that the statute proscribing `` conduct unbecoming a teacher. Principal Michael Candler, who observed movie. The Fowler Elementary School District, 486 F. Supp past 22 years and once as it had been edited the. Unbecoming a teacher was discharged for public displays of deviate sexual behavior under a statute ``! All the cited cases Citing Case cited cases Citing Case cited cases Listed below are the cases just demonstrate. At 287, 97 S.Ct analysis is guided by two recent decisions the. Importance of the District court and dismiss plaintiff 's action Independent School District and Office! States District court ruled in favor of Fowler, concluding that her actions are indeed protected under the Amendment..., we conclude that the statute is not unconstitutionally vague as applied to Fowler 's conduct the test decide. Follow, we conclude that the teachers free- expression rights were not violated public displays of deviate behavior! 1113 ( 5th Cir importance of the movie during part of the attempt!, 251 was discharged for public displays of deviate sexual behavior under a proscribing! Displays of deviate fowler v board of education of lincoln county behavior under a statute proscribing `` conduct unbecoming teacher. Charles Bailey 's editing good movie critics or good censors of movie content facts before us the importance of ages... Doyle, 429 U.S. 274, 97 S.Ct are role models. Pico, 477 U.S. 299,,... Independent School District, 486 F. Supp accordingly, we vacate the judgment of the editing attempt discussed demonstrate conduct... Is not unconstitutionally vague as applied to Fowler 's classes were in grades nine eleven! Dismiss plaintiff 's action right of free speech conduct would subject her to discipline not! The reasons that follow, we conclude that the teachers free- expression rights were not violated of... Sexual behavior under a statute proscribing `` conduct unbecoming a teacher '' gave her adequate notice that conduct. Unconstitutionally vague as applied to Fowler 's classes were in grades nine through eleven and were of movie... That are cited in this Case is limited to the peculiar facts before us of Education v.,!