Thursday, April 17, 2014

Law & Ethics In School

1. 5 Freedoms of the 1st Amendment

  • Religion
  • Speech
  • Press
  • Assembly 
  • Petition
2. 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 substantial disorder or invasion of the rights of others"
3. Frasier 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."

4. 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 permissible when school officials can show that it is "reasonably related to legitimate pedagogical concerns."
5. 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 street which reads "Bong Hits 4 Jesus"
  • Suspended for 10 days
  • Rules of school apply to any school activity, even if not on school grounds
6. Defamation

  • Libel: written/visual
  • Slander: verbal statements
  • Untrue, published, hurts reputation or character of target
  • New York Times Co. vs. Sullivan (1964)
  • Ad about MLK and Alabama tax evasion charge
  • Libel about AL police force
  • Commissioner Sullivan requested a retraction and eventually sued, winning $500,000