Law and Ethics Notes

The 5 laws 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 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 offcials have an "interest in teaching students the boundaries of socially appropriate behavior," theycan 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 pregenacy and divorce
-Censorship of school-sponsored student expression is permissable when school officals can show that it is "reasonably related to legitimate pedagogical concerns."

The Frederick Standard
-Morse vs. Federick (June 25, 2007)
-January 2002, Olympic torch travels through town
-Principal Morse cancels school
-Senior Federick unveils banner on the sidewalk across the street which reads "Bong Hits 4 Jesus"
-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)
-False statement of fact (opinions are not libel)...
-Made with fault. The level of fault depends on status of plantiff(public figures or private individuals).