Can a teacher be prosecuted for the choice of visual materials shown to students? A divided Ohio appellate court answered that question in the affirmative, upholding a jury verdict convicting a substitute teacher of four counts of disseminating harmful materials to juveniles.
The events giving rise to the conviction in the case of State v. Kearns, 2016-Ohio-5941, “occurred on April 11, 2013 at East High School in Columbus, Ohio. While serving as a permanent substitute teacher, [the teacher] showed the movie ‘The ABC’s of Death’ to five Spanish language classes. The movie opens with the following statement: ‘The following feature film was created by 26 directors from around the world. Each director was given a letter of the alphabet and asked to choose a word. They then created a short tale of death that related to their chosen word. They had complete artistic freedom regarding the content of their segments.’ Following this statement were 26 short vignettes corresponding to each letter of the alphabet. The vignettes depicted, simulated, or implied very graphic violence; blood and gore; activities involving bodily functions of elimination; cruelty to animals; anal or vaginal sex or other penetration, masturbation, sadomasochism, prostitution, and, most disturbingly, child molestation and rape.” Kearns at ¶ 3.
“Immediately after one of the classes, students reporting to choir class appeared ‘excited, appalled [and in] disbelief about what they had seen.’” Kearns at ¶ 4. The assistant principal investigated that matter and “saw ‘[bare] female breasts show[ing] on the screen.’” Kearns at ¶ 4. The administration referred the matter to the police and children services, who prosecuted the matter. The case proceeded to trial and the “jury returned verdicts of guilty on four of the five counts of disseminating matter harmful to juveniles, all being felonies of the fifth degree.” Kearns at ¶ 6. An Ohio appellate court found that the movie was obscene and upheld the jury verdicts.
While the Ohio appellate court found that the movie was obscene – appealing only to the prurient interests and lacking any artistic value, it should be noted that the movie is not the obscure aberrant film that the court’s decision suggests. The movie premiered at the Toronto film festival and is readily available through a basic internet search. As a result, the case demonstrates that a teacher can actually face criminal prosecution for the choice in content displayed in the classroom.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.