Tuesday, February 16, 2010

Law and Ethics notes

5 freedoms of first amendment (1791) :

religion, speech, press, assembly, petition to government



The Tinker Standard:
tinker vs. Des Moines School District (1969)
*black armbands to school- 1965
Student speech cannot be censored as long as it does not "materially disrupt class work or involve substantial disorder or invasion of the rights of others"



The Fraser Standard:
Bethel School District vs. Fraser (1986)
*inappropriate speech for class president.
Because school officials have an "interest in teaching students the boundaries of socially appropriate behavior, " they can censor students speech that is vulgar or indecent, even if it does not cause a "material or substanial disruption."



The Hazelwood Standard:
Hazelwood School District vs. Kulmeier (1988)
*censors stories in student newspaper about teen pregnacy and divorce
Censorship of school-sponsored student expression is permissible when school officials can show that it is "reasonably related to legitimate pedagogical (teaching) concerns."



The Frederick Standard:
Morse vs. Frederick (june 25, 2007)
January 2002, Olympic torch travels through town. Principle Morse cancels school. Senior Frederick unveils banners on the sidewalk across the street which reads "bong hits 4 jesus" .
*suspended for 10 days

Libel (writen)
*A defamatory statement (hurts there character)
*published to atleast one other person (other than plantiff)
"of and concerning" the plantiff (identify specifically with plantiff)
*that it is a false statement of fact
*and made with fault: the level of fault depends on status of plantiff

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