She argued that the statute governing her demotion, which required teachers to maintain discipline and encourage morality, failed to give adequate notice that her conduct was a ground for discipline. 1780, 29 L.Ed.2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! Another shows police brutality. 319 U.S. at 632, 63 S.Ct. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. denied, 430 U.S. 931, 97 S.Ct. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. ), aff'd en banc, 425 F.2d 472 (D.C. Cir. James W. Williams, III, Rankin, Baker and Williams, Stanford, Ky., Robert L. Chenoweth, Bryan, Fogle and Chenoweth, Mt. 1979); Keefe v. Geanakos, 418 F.2d 359, 362 (1st Cir. Finally, the district court concluded that K.R.S. 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. I at 108-09. Because some parts of the film are animated, they are susceptible to varying interpretations. Another shows the protagonist cutting his chest with a razor. Rather, she had it shown for the purpose of keeping her students occupied during a noninstructional day while she was involved in posting grades on report cards. Fraser, 106 S.Ct. Counts v. Cedarville School District Books put on reserve in the library must be so because of clear violation of obscenity rules. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing. The dissent relies upon Schad v. Mt. '", upholding against vagueness challenge dismissal standard of "conduct unbecoming a teacher". Plaintiff's reliance upon cases grounded in the concept of "academic freedom," e.g., Cooper, 611 F.2d at 1113; Dean, 486 F. Supp. In Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 3159, 92 L.Ed.2d 549 (1986). 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. Opinion. 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 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. ), cert. Joint Appendix at 265-89. 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. 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. 2849, 2859, 53 L.Ed.2d 965 (1977) ("no doubt that entertainment . Fraser, 106 S.Ct. The lm includes violent at 2730. The two appeals court judges in the majority upheld the firing for different reasons. 1976) (teacher could not successfully contend that "due and sufficient cause" standard did not give notice that improper conduct toward students would result in discipline); Kilpatrick v. Wright, 437 F. Supp. At the bench trial in the district court, Fowler repeated her contention that she believed the movie contained important, socially valuable messages. 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. 1117 (1931) (display of red flag is expressive conduct). 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. In its opinion, the district court relied upon the analytical framework provided by the, Request a trial to view additional results. Id., at 1116. 532, 535-36, 75 L.Ed. Ms. Francisca Montoya is a lifelong resident of Maricopa County and advocate of public education. The message is that unloving, overly rigid and authoritarian parents, teachers, judges and officials create disturbed individuals and societies. 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 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. We conclude that the statute proscribing "conduct unbecoming a teacher" gave her adequate notice that such conduct would subject her to discipline. Board of Education (SBE) to be aligned with those standards. Joint Appendix at 198, 201, 207, 212-13, 223, 226, 251. 418 U.S. at 409, 94 S.Ct. 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. For similar reasons, plaintiff's reliance on Pratt v. Independent School District No. Fowler rented the video tape at a video store in Danville, Kentucky. "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." District Court Opinion at 6. She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. 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. See Jarman, 753 F.2d at 77. 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. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. . Justice Brennan apparently concludes that a school board may make proper objections to content that is pervasively vulgar or educationally unsuitable but warns that this may not be asserted to mask a decision interfering with the communication of political ideas with which they disagree. Rehearing Denied January 22, 1987. . 2537, 91 L.Ed.2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. 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.". Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Plaintiff cross-appeals from the holding that K.R.S. 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. Bd. Spence, 418 U.S. at 411, 94 S.Ct. 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. I would hold, rather, that the district court properly used the Mt. 1098 (1952). 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 198, 200, 204, 207, 212, 223, 249-50, 255. 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. 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. Finally, the district court concluded that K.R.S. 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. Sec. Sch. Under the circumstances present, the court concluded that a discharge for conduct unbecoming a teacher could be upheld. 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. In Minarcini, this court held that this "right to know" was violated by the removal of library books solely on the basis of the social and political tastes of the school board. 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. 1984). 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." United States District Courts. Joint Appendix at 83, 103, 307. 126, 127, 70 L.Ed. 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, Plaintiff argues that Ky.Rev.Stat. 2849, 53 L.Ed.2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. Purely expressive works songs, movies and books of entertainment value only are protected by the First Amendment just like works of moral philosophy. . Andrew Tony Fowler in 2021 was employed in FRANKLIN COUNTY BOARD OF EDUCATION and had annual salary of $99,765 according to public records. It is speculation to say how much the school board was swayed by the fact that Ms. Fowler did not exhibit second thoughts on having shown the film, and not only did not see the "error of her ways" but said that she would show the film again if given the opportunity. 1980); Cary v. Board of Education, 598 F.2d 535, 539-42 (10th Cir. Plaintiff cross-appeals on the ground that K.R.S. In the present case, we conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Plaintiff cross-appeals from the holding that K.R.S. Healthy City School Dist. Another shows the protagonist cutting his chest with a razor. District Office Staff; Three Year Strategic Plan; Supergram; District Calendar; FUSD Annual Calendar; Student Achievement; Board of Trustees; Accessibility Information Mt. On July 10, 1984, plaintiff Fowler appeared with counsel at the administrative hearing. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251. Click the citation to see the full text of the cited case. Plaintiff cross-appeals on the ground that K.R.S. of Treasury, Civil Action No. 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. View Andrew Tony Fowler Full Profile . Subscribers are able to see the revised versions of legislation with amendments. at 1594-95. at 3165 (quoting Ambach, 441 U.S. at 76-77, 99 S.Ct. 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. Therefore, I disagree with the distinction between instruction and entertainment drawn by Judge Milburn and the conflation of vulgarity and anti-establishment ideas set forth by Judge Peck. 1970), is misplaced. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). Sterling, Ky., for defendants-appellants, cross-appellees. 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. 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." at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. 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. Bryan, John C. Fogle, argued, Mt. 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. 1178, 87 L.Ed. One scene involves a bloody battlefield. 777, 780-81, 96 L.Ed. Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Joint Appendix at 82-83. Joint Appendix at 83-84. 215, 221, 97 L.Ed. 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 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. McCollum, a 13-year employee of the Laurel County Board of Education was engaged as a homebound teacher on a continuing service contract. Cedarville School district v. Cooper, 611 F.2d 1109, 1113 ( 5th Cir Board! 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