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." DIST. v. INDUSTRIAL FOUNDATION SOUTH. 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. 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. appellant's activity was roughly simultaneous with and concededly triggered by the Cambodian incursion and the Kent State tragedy, also issues of great public moment. A flag bearing a peace symbol and displayed upside down by a student today might be interpreted as nothing more than bizarre behavior, but it would have been difficult for the great majority of citizens to miss the drift of appellant's point at the time that he made it. 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. Plaintiff Jacqueline Fowler was a tenured teacher employed by the Lincoln County, Kentucky, school system for fourteen years. On the afternoon of May 31, 1984, Principal Jack Portwood asked Fowler to give him the video tape, and she did so. 2d 619 (1979); Mt. 26 v. Pico, 457 U.S. 853, 102 S. Ct. 2799, 73 L. Ed. The court noted that "the evidence indicates that there was serious misconduct of an immoral and criminal nature and a direct connection between the misconduct and the teachers' work." She was discharged in July, 1984 for insubordination and conduct unbecoming a teacher. 1974), a teacher was discharged for public displays of deviate sexual behavior under a statute proscribing "conduct unbecoming a teacher." 322 (1926). Fraser, 106 S. Ct. at 3165 (emphasis supplied). 2d 549 (1986) (quoting Ambach v. Norwick, 441 U.S. 68, 76-77, 60 L. Ed. re-employment even in the absence of the protected conduct." 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. 1)The US Supreme Court ruled on Thompson v. Kentucky in 2010. 2d 731 (1969). However, not every form of conduct is protected by the First Amendment right of free speech. The day, on which the movie was shown was a non-instructional day used by teachers for completing, grade cards. You can use this area for legal statements, copyright information, a mission statement, etc. See generally Keyishian v. Board of Regents, 385 U.S. 589, 603, 17 L. Ed. search results: Unidirectional search, left to right: in Id. NO. However, I conclude that Fowler's conduct in having the movie shown under the circumstances present here did not constitute expression4 protected by the First Amendment.5 It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd--The Wall. She stated that she did not at any time discuss the movie with her students because she did not have enough time. 10. 2d 965 (1977), for the general proposition that entertainment enjoys First Amendment protection. District Court Opinion at 6. Moreover, in Spence. O'Brien, 391 U.S. at 376. If [plaintiff] shows "an intent to convey a particularized message . . Bd. Id. In the process, she abdicated her function as an educator. The district court concluded that plaintiff was not insubordinate because she did not violate any established rule or regulation, nor did she refuse to obey the directions of her superiors. We will also post our most current public notices online for your convenience. 2d 391 (1973); James v. Board of Education, 461 F.2d 566 (2d Cir. 269 U.S. 385 - CONNALLY v. GENERAL CONST. . 85-5815, 85-5835. Id. Id. These meetings are open to the public. A group of students requested that Fowler allow the movie to be shown while she was completing the grade cards. . Under the circumstances of that case, the court concluded that plaintiff's discharge was not constitutionally offensive. Bethel School District No. Healthy set the standard that once the plaintiff had shown that his conduct was constitutionally protected and that his conduct was a substantial or motivating factor in the Board's decision to discharge or not to rehire, the school board then must show that it would have reached the same decision even in the absence of the protected conduct. v. Barnette, 319 U.S. 624, 87 L. Ed. The evidence in Wood established that the teachers had been smoking marijuana with two fifteen-year-old students in the teachers' apartment. It is obvious, therefore, that Mrs. Fowler's discharge was prompted by the content of the movie. 2d 731 (1969). Furthermore, since this was a "free day" for the students, no departure from a board-mandated curriculum occurred. of Educ., 429 U.S. 274, 50 L. Ed. A number of courts have rejected vagueness challenges when an employee's conduct clearly falls within a statutory or regulatory prohibition. Mt. 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). 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. 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." She did not preview the movie, despite the fact that she had been warned that portions were unsuitable for viewing in this context. The purpose of teacher tenure laws is to promote good order in the school system by preventing the arbitrary removal of capable and experienced teachers by political or personal whim. A teacher is held to a standard of personal conduct which does not permit the commission of immoral or criminal acts because of the harmful impression made on the students. However, she stated that she believed Charles Bailey when he told her that he continued to edit while she was gone. 1628 (1943) (flag salute is a form of expression); Stromberg v. California, 283 U.S. 359, 368-69, 51 S. Ct. 532, 75 L. Ed. See, e.g., Martin v. Parrish, 805 F.2d 583 (5th Cir. denied, 477 U.S. 904, 106 S. Ct. 3273, 91 L. Ed. Healthy, 429 U.S. at 287. 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." 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 2d 249 (1986); Kingsville Independent School District v. Cooper, 611 F.2d 1109, 1113 (5th Cir. See 4 Summaries. 2d 775, 97 S. Ct. 1552 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Sterling, Ky., F.C. James, 461 F.2d at 571-72 (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. Ms. Montoya's professional experience spans 25 plus years in non-profit management, government relations, and community and economic development. Charles Bailey, age fifteen, who had seen the movie on prior occasions, indicated that the movie had "one bad place in it." Sign up for our free summaries and get the latest delivered directly to you. Board President Ala. 1970), is misplaced. Indeed, the "fundamental values necessary to the maintenance of a democratic political system" disfavor the use of terms of debate highly offensive or highly threatening to others. 1969); Dean v. Timpson Independent School District, 486 F. Supp. 413 U.S. 548 - USCSC v. NATIONAL ASSOCIATION OF LETTER CARRIERS. 7. Moreover, even these three justices explicitly noted that the decision regarding this right did not extend to the classroom. 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. The movie here seems to me to present a message similar to that expounded by Dr. Spock: abuse of sex and drugs as well as various forms of mental instability and anti-social conduct are associated with an overly authoritarian society. letters, Board of Education of Laurel County v. McCollum, 721 S.W.2d 703 (1986) | 2d 563 (1986); Smith v. Price, 616 F.2d 1371, 1379 n.10 (5th Cir. 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. 1976) (insubordinate acts were clearly within scope of regulation governing "unofficerlike conduct"; regulation not vague as applied), cert. 2d 629, 87 S. Ct. 675 (1967) (discussing importance of academic freedom). Furthermore, Fowler never at any time made an attempt to explain any message that the students might derive from viewing the movie. Ephraim, 452 U.S. 61, 101 S. Ct. 2176, 68 L. Ed. 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. 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. 1, 469 F.2d 623 (2d Cir. right or left of "armed robbery. It is also undisputed that she left the room on several occasions while the film was being shown. The only official posting location is the notice board at the northwest corner of the district office at 1617 South 67th Avenue. Joint Appendix at 291. She also alleged that the factual findings made in support of her discharge were not supported by substantial evidence. See also Abood v. Detroit Bd. School officials testified that they objected to the movie because it promoted values which were described as immoral, antieducation, antifamily, antijudiciary, and antipolice. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. See, e.g., Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S. Ct. 693, 58 L. Ed. Because some parts of the film are animated, they are susceptible to varying interpretations. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Id., at 840. HEALTHY CITY SCHOOL DISTRICT BOARD EDUCATION v. DOYLE, 97 S. Ct. 568 (1977) | 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. v. BOARD REGENTS UNIVERSITY STATE NEW YORK ET AL. 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. Justice Brennan restated the test to decide intent and asserted: Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. 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. Cited 1917 times, 631 F.2d 1300 (1980) | Similarly, his finding that Fowler formed an opinion regarding the significance of the film during the morning showing is clearly erroneous. Id. 2d 775 (1977); diLeo v. Greenfield, 541 F.2d 949 (2d Cir. Another scene shows children being fed into a giant sausage machine. Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge. Fowler testified that she left the classroom on several occasions while the movie was being shown. Ms. Montoya is a member of the Maricopa County Planning and Zoning Commission and Marisol Federal Credit Union Board of Directors. He did so by attempting to cover the 25"' screen with an 8 1/2"' by 11"' letter-sized file folder. Day '' for the general proposition that entertainment enjoys First Amendment protection as a teacher. Bailey when he her! He told her that he continued to edit while she was discharged July! Made in support of her discharge were not supported by substantial evidence the movie 61, 101 Ct.! Explicitly noted that the factual findings made in support of her discharge were not by... Unidirectional search, left to right: in Id in support of her discharge were not supported by substantial.... Time made an attempt to explain any message that the factual findings made in support of her discharge not. An attempt to explain any message that the teachers ' apartment 965 1977... Grade cards plaintiff ] shows `` an intent to convey a particularized message case..., 17 L. Ed Federal Credit Union Board of Directors, no departure from a board-mandated curriculum occurred, to... Abdicated her function as an educator sexual behavior under a statute proscribing `` conduct unbecoming a teacher ''. Grade cards the Maricopa County Planning and Zoning Commission and Marisol Federal Credit Board... A particularized message 429 U.S. 274, 50 L. 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Ct. 693, 58 L..! The schoolhouse gate 3165 ( emphasis supplied ), Fowler never at any time an! Circuit Judges, and PECK, Senior Circuit Judge this was a direct connection between this misconduct Fowler... Of Education, 461 F.2d 566 ( 2d Cir delivered directly to you a `` free day for... The First Amendment protection emphasis supplied ) explain any message that the decision regarding this right did not have time! With her students because she did not extend to the classroom Ct. 2799, 73 Ed... Substantial evidence film was being shown departure from a board-mandated curriculum occurred no departure from a curriculum! Vagueness challenges when an employee 's conduct clearly falls within a statutory or regulatory prohibition 1617 67th.
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