Tuesday, February 16, 2010

Law and Ethics notes

5 freedoms:
religion
assembly
petition
speech
press

The Tinker Standard:
Tinker vs Des Moines School District.
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:
Because student officials have an "interest in teaching students the boundaries of the 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)
Censorship of school sponsored student expression is permissible when school officials can show it is "reasonably related to legitimate pedagogical concerns."

The Frederick Standard
Morse vs Frederick (2007)
Kid suspended for having a dumb sign on a day off but it was against the teachings of the school so he was suspended. Court sides with school

Elements of Libel:
A defamatory statement
published to at least one other person
"of and concerning" the plaintiff
A false statement of fact
made with fault

No comments:

Post a Comment