English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

I am having difficulties understanding the Supreme Court decision on Fowler v. Board of Education of Lincoln County. 484 U.S. 986 (1987) I am writing a case brief and as an elementary teacher, I am not quite understanding the legal terminology. It involved wrongful termination of a teacher due to explicit material shown in the class. What I am trying to determine is if the Supreme Court ruled for the teacher at the District Court level, or if the Supreme Court sided with the School board for the teacher's misconduct.

Thanks so much for any feedback!

2007-09-02 10:22:22 · 4 answers · asked by Sharon F 6 in Politics & Government Law & Ethics

4 answers

The U.S. citation for the case is regarding certiorari -- meaning that somebody petitioned the Supreme Court to hear the case, and the Supreme Court said, "Nah, we're not hearing what you have to say"

Essentially saying that they agree with the decision of the appellate court.

Ms. Fowler -- Plaintiff
School Board -- Defendant

In the case of Fowler v. Board of Education, the opining justice states:

"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. It is undisputed that Fowler was discharged for the showing of the movie, Pink Floyd-The Wall. Such conduct, under the circumstances involved, clearly is not "Speech" in the traditional sense of the expression of ideas through use of the spoken or written word."

"We conclude that plaintiff's conduct, although not illegal, constituted serious misconduct. Moreover, there was a direct connection between this misconduct and Fowler's work as a teacher. She introduced a controversial and sexually explicit movie into a classroom of adolescents without preview, preparation, or discussion. in the process, she abdicated her function as an educator. Her having the movie shown under the circumstances involved demonstrates a blatant lack of judgment. 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.

Accordingly, for the reasons stated, the judgment of the district court is vacated, and this case is dismissed."

********* THE USEFUL STUFF **********

The Supreme Court, in the case of Fowler v. Board of Ed. decided to dismiss Ms. Fowler's Supreme Court Case against the Board of Ed. because they determined that there were no issues or areas where the appellate court erred. The appellate court determined that Ms. Fowler's behavior in showing the movie was conduct unbecoming of an educator, as described in Kentucky law, and vacated (removed) the judgment of the lower court . . . which resulted in them finding in favor of the school board.

2007-09-02 13:46:35 · answer #1 · answered by Anonymous · 1 0

The district court ruled for the teacher and found that showing the movie was protected speach, while the court of appeals overturned the ruling, saying that showing a movie does not classify as speach, per se and that schools have a right to control such actions. The Supreme Court then denied cert., meaning they declined to hear the case, letting the appeals court ruling stand.

2007-09-02 10:48:22 · answer #2 · answered by James 7 · 1 0

First, use Black's Legal Dictionary. It is an invaluable tool.
Second, read the case carefully. It will tell you the disposition of the previous courts, and that is the easiest way to figure out how the court ruled.
Third, you are missing the point of your assignment. It doesn't much matter who the Supreme Court sided with. What matters is how they made that determination. Try to identify the test that is used by the Supreme Court to make that determination.

2007-09-02 10:38:40 · answer #3 · answered by cyanne2ak 7 · 0 0

Well, I'm not sure if these two links actually explain it, but I think they found for the School board and against the teacher. I Googled the case from your question. I hope it helps.

http://www.firstamendmentschools.org/freedoms

http://www.taterenner.com/1stam.htm

2007-09-02 10:35:41 · answer #4 · answered by Anonymous · 0 0

fedest.com, questions and answers