Tuesday, February 16, 2010

Law and Ethics Notes

The Five Rights of the First Ammendment:
Press, Religion, Speech, Assembly, Petition

The Tinker Standard

  • Tinker vs. Des Moines School District
  • Black Armbands in 1965
  • Students speech cannot be censored as long as it doesn't " materially disrupt class work or involve substantial disorder or invasion of the rights of others"

The Fraser Standard

  • Bethel School District vs. Fraser
  • Innapropriate speech for class president
  • Because school officials have an "interest in teaching students the boundaries of socially appropriate behavior," they can censor student speech that is vulgar or indecent, even if it doesn't casue a "material or substantial disruption."

The Hazelwood Standard

  • Hazelwood School District vs. Kuhlmeier (1988)
  • Censor stories in student newspaper about teen pregnancy and divorce
  • Censorship of school-sponsored student expression is permissable when school officials can show that it is "reasonably related to legitimate pedogogical concerns."

The Frederick Standard (June 25, 2007)

  • January 2002, Olympic torch travels through town
  • Principal Morse cancels school
  • Senior Frederick unveils banner on the sidewalk across street which reads "Bong hits 4 Jesus"
  • Suspended for 10 days

Elements of Libel

  • A defamatory statement
  • Published to at least one other person
  • Has to be false (opinions are not libel)

Elements of Slander

  • Similar to libel but spoken

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