Law and Ethics Notes

First Amendment:

Five areas covered/protected in the 1st amendment;
Press, religion, speech, assembly and petition



The Tinker Standard:

1969- Tinker vs Des Moines school district
-Wore black armbands in 1965 to protest the Vietnam war. Students can't 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:

1986- Bethel School District vs. Fraser
-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 doesn't cause a "material or substantial disruption."



The Hazelwood Standard:

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

The Frederick Standard:

-(June 25th, 2007) Morse vs. Frederick
-January 2002, Olympic torch travels through town
-Principal Morse cancels school
-Senior Frederick unveils banner across the street that reads "Bong hits for Jesus"
-Suspended for 10 days

Elements of Libel:

-A defamatory statement, published to at least one other person (other than the plantiff), of and concerning the plantiff. It is a false statement of fact (opinions are not libel) and made with fault. The level of the fault depends on the status of the plantiff.