See Minarcini v. Strongsville City School Dist., 541 F.2d 577 (6th Cir. Id., at 863-69, 102 S. Ct. at 2806-09. 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. Id. We do not intimate that a teacher is entitled to the protection of the First Amendment only when teaching. Click the citation to see the full text of the cited case. . She stated that she did not at any time discuss the movie with her students because she did not have enough time. Joint Appendix at 321. We emphasize that our decision in this case is limited to the peculiar facts before us. If any sort of conduct that people wish to engage in is to be considered "speech" simply because those who engage in conduct are, in one sense, necessarily expressing their approval of it, the line between "speech" protected by the First Amendment and conduct not so protected will be destroyed. Ala. 1977) ("immorality" standard not vague as applied to teacher discharged for making sexual advances toward his students). 2d 471 (1977). Tex. 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." Ms. Fowler, a former teacher of the year at the school who taught civics and Latin, said she did not watch the movie herself before showing it to the students. Plaintiff cross-appeals on the ground that K.R.S. denied, 430 U.S. 931, 97 S. Ct. 1552, 51 L. Ed. These cases are based upon the notion that teaching is a form of activity protected by the First Amendment. The root of the vagueness doctrine is a rough idea of fairness. 807 F.2d 1293 - 511 DETROIT STREET, INC. v. KELLEY. If petitioners intended by their removal decision to deny respondents access to ideas with which petitioners disagreed, and if this intent was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution. ), cert. 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. Cited 3902 times. She made no attempt at any time to explain the meaning of the movie or to use it as an educational tool. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. 161.790(1) (b) is not unconstitutionally vague. 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. The school board stated insubordination as an alternate ground for plaintiff's dismissal. 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. Mt. In this appeal, defendants contend that the district court erred in its conclusion that plaintiff's discharge violated her First Amendment rights. DIST. Kolender v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 1858, 75 L. Ed. Moreover, there is testimony supporting the fact that more editing was done in the afternoon showing than in the morning showing.2. 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). 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." 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.6 Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." 161.790 provides in relevant part: (1) The contract of a teacher shall remain in force during good behavior and efficient and competent service by the teacher and shall not be terminated except for any of the following causes: . 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 She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. denied, 409 U.S. 1042, 93 S. Ct. 529, 34 L. Ed. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. 746, 68 S. Ct. 525 (1948), and Anderson v. Bessemer City, 470 U.S. 564, 575, 84 L. Ed. See Spence v. Washington, 418 U.S. 405, 409-12, 94 S. Ct. 2727, 41 L. Ed. 478 U.S. 675 - BETHEL SCHOOL DIST. 2d 683 (1983). The vagueness doctrine requires that a statute proscribing certain conduct must be drafted "with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Summary of this case from Fowler v. Board of Education of Lincoln County. 418 U.S. at 409, 94 S. Ct. at 2730. 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. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. 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. 2d 49, 99 S. Ct. 1589 (1979)). Cited 833 times, 72 S. Ct. 777 (1952) | Course Hero is not sponsored or endorsed by any college or university. Id., at 862, 869, 102 S. Ct. at 2805-06, 2809. ), aff'd en banc, 138 U.S. App. JOHN W. PECK, Senior Circuit Judge, concurring. 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. of Educ., 431 U.S. 209, 231, 97 S. Ct. 1782, 1797, 52 L. Ed. Ms. Fowler's after the fact rationalizations for having shown the film cannot alter the fact that she used poor judgment and should not shield her from the consequences. It is not a principle designed to convert into a constitutional dilemma the practical difficulties in drawing . The Court in the recent case of Bethel School Dist. at 862, 869. Cir. Joint Appendix at 137. Joint Appendix at 120-22. 831, FOREST LAKE. denied, --- U.S. ----, 106 S. Ct. 3273, 91 L. Ed. Joint Appendix at 199, 201, 207, 212-13, 223, 226, 251.3. Id. 161.790(1) (b).9 Our analysis is guided by two recent decisions by the Kentucky Supreme Court. Healthy City School Dist. 2d 284 (1971), the Supreme Court held constitutionally protected the act of wearing a jacket bearing the words "!?X! Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. At the administrative hearing, several students testified that they saw no nudity. Even when the actor does intend to communicate a message by his conduct, a governmental interest in regulating the nonspeech aspect of such conduct may justify incidental restrictions on the speech aspect as well. Joint Appendix at 82-83. I at 108-09. re-employment even in the absence of the protected conduct." 1981); Russo, 469 F.2d at 631. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 683-84, 17 L. Ed. Cited 210 times, Kingsville Independent School District v. Cooper, 611 F.2d 1109 (1980) | Ms. Montoya is a member of the Maricopa County Planning and Zoning Commission and Marisol Federal Credit Union Board of Directors. 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. 1178, 1183, 87 L. Ed. Cited 614 times, MT. See also James, 461 F.2d at 568-69. $('span#sw-emailmask-5384').replaceWith(''); Plaintiff cross-appeals on the ground that K.R.S. . These cases do not lend themselves to the reverse purpose of defining what kind of communication can not be expressive. The dissent relies upon Schad v. Mt. 1980); Russo v. Central School District No. In the final analysis, [t]he ultimate goal of school officials is to insure that the discipline necessary to the proper functioning of the school is maintained among both teachers and students. v. ALTEMOSE CONSTRUCTION CO. 93 S. Ct. 1901 (1973) | D.C. 41, 425 F.2d 472 (D.C. Cir. 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 (wearing black armband was conduct akin to pure speech); Brown v. Louisiana, 383 U.S. 131, 141-42, 86 S. Ct. 719, 15 L. Ed. D.C. 38, 425 F.2d 469 (D.C. Under circumstances such as these, I cannot conclude that Fowler possessed " [a]n intent to convey a particularized message" to her students. 1981); Russo, 469 F.2d at 631. At the administrative hearing, several students testified that they saw no nudity. " Arnett, 416 U.S. at 161, 94 S. Ct. at 1648 (quoting Meehan v. Macy, 392 F.2d 822, 835 (D.C. Cir. Because some parts of the film are animated, they are susceptible to varying interpretations. denied, 464 U.S. 993, 104 S. Ct. 487, 78 L. Ed. 397 (M.D. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. 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Fowler proved at trial. 319 U.S. at 632, 63 S. Ct. at 1182. v. STACHURA, 106 S. Ct. 2537 (1986) | Sec. Healthy, 429 U.S. at 287. Cited 236 times, 101 S. Ct. 2176 (1981) | 8. denied, 477 U.S. 904, 106 S. Ct. 3273, 91 L. Ed. Id., at 1116. Moreover, in Spence. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S. Ct. 568, 50 L. Ed. It is also undisputed that she left the room on several occasions while the film was being shown. The most conscientious of codes that define prohibited conduct of employees includes 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' at 1194. Citations are also linked in the body of the Featured Case. The school board stated insubordination as an alternate ground for plaintiff's dismissal. 1984). Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. 403 v. Fraser, 478 U.S.675, 106 S. Ct. 3159, 3164, 92 L. Ed. Court's Decision: Aurelia Davis sued the Monroe County Board of Education on behalf of her daughter, Lashonda. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. . 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." Likewise, a motion picture is a form of expression which may be entitled to the protection of the First Amendment. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 50 L. Ed. The school teacher has traditionally been regarded as a moral example for the students. var encodedEmail = swrot13('qneyrar.znegva@sbjyre.x12.pn.hf'); $('span#sw-emailmask-5385').replaceWith(''); 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST.. 408 U.S. 104 - GRAYNED v. CITY OF ROCKFORD. 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 . 2d 637 (1966) (sit-in by blacks at "whites only" library), West Virginia State Bd. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. This segment of the film was shown in the morning session. Cited 357 times, PICKERING v. BOARD EDUCATION TOWNSHIP HIGH SCHOOL DISTRICT 205, 88 S. Ct. 1731 (1968) | We find this argument to be without merit. Sec. She has a long history of volunteering her services in our classrooms and is a very active citizen with regard to City of Phoenix initiatives. 1 of Towns of Addison, 461 F.2d 566 (1972) | 2d 584 (1972). Rather, the proper focus of our inquiry is whether Fowler was engaged in expressive activity protected by the First Amendment, and nothing in the record would indicate that she was so engaged. . 1, ETC.. 469 F.2d 623 - RUSSO v. CENTRAL SCH. However, Fowler did not preview the movie before having it shown to her morning class because the store did not have a tape compatible with her own VCR and because she did not have time to make other arrangements to preview the movie. The Court in the recent case of Bethel School Dist. There is conflicting testimony as to whether, or how much, nudity was seen by the students. 2d 549 (1986). . Having considered the entire record, including the viewing of the movie, which we describe as gross and bizarre and containing material completely unsuitable for viewing by a classroom of students aged fourteen to seventeen, we conclude that such conduct falls within the concept of conduct unbecoming a teacher under Kentucky law.10. 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. 2727, 2730, 41 L. Ed. Id., at 1193. That a teacher does have First Amendment protection under certain circumstances cannot be denied. denied, 411 U.S. 932, 93 S. Ct. 1899, 36 L. Ed. For example, in Frison v. Franklin County Board of Education, 596 F.2d 1192 (4th Cir. 403 ET AL. The inculcation of these values is truly the "work of the schools.". Cited 1759 times, UNITED STATES CIVIL SERVICE COMMISSION ET AL. It is undisputed that Fowler left the room several times while the movie was being shown, and that she was posting grades during the time she was present in the classroom. 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. 2849, 53 L. Ed. 2d 683 (1983), Plaintiff relies on Minarcini v. Strongsville City School District, 541 F.2d 577 (6th Cir. Opinion of Judge Milburn at p. 663 n. 6 (emphasis added) (citations omitted). BUILDING & CONSTRUCTION TRADES COUNCIL PHILADELPHIA & VICINITY ET AL. Healthy. 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. v. Barnette, 319 U.S. 624, 87 L. Ed. She believed the movie portrayed the dangers of alienation between people and of repressive educational systems. Another shows the protagonist cutting his chest with a razor. 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.6 Fowler agreed to allow the movie to be shown, at the students' request, because May 31 was "their treat type of day." Joint Appendix at 291. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." In Cohen v. California, 403 U.S. 15, 29 L. Ed. The accommodation of these sometimes conflicting fundamental values has caused great tension, particularly when the conflict arises within the classroom. The District Court held that the school board failed to carry this Mt. 2d 222 (1972); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293, 1295 (6th Cir. 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