2-16-10 Law & Ethics Notes

The Five Freedoms of the First Amendment:
1. Speech
2. Press
3. Religion
4. Assembly
5. Petition

The Tinker Standard:
-Tinker vs. Des Moines School District (1969)
-Black Armbands in 1965
-Student speech cannot be censored as long as it does not "materially disrupt class work or involve substaintial 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 student speech that is vulgar or indecent, even if it does not cause 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 expression is permissible when school officials can show that it is "reasonably related to legitimate pedagogical concerns."

The Frederick Standard
-Morse vs. Frederick (June 25, 2007)
-January 2002, Olympic torch travels through town, Principal Morse cancels school. Senior Frederick unveils banner on the sidewalk across the street which reads "Bong Hits 4 Jesus" Students are suspended for 10 days.

Elements of Libel
-defamatory statement...
-Published to at least one other person (other than plantiff)...
-Of and concerning the plantiff (identify specifically with plantiff)
-This is a false statement of fact (opinions are not libel

Libel=written
Slander=spoken