Tuesday, February 16, 2010

Blog Law and Ethics Notes

1. What are the 5 freedoms of the 1st amendment?
~ Speech
~ Religion
~ Press
~ Assembly
~ Petition

2. What is the Tinker Standard?
(Tinker vs. Des Moines School District 1969) (Black Armbands 1965)
Student speech cannot be censored as long as it does not "materially disrupt class work or involve substantial disorder or invasion of rights of others"

3. What is the Frasier Standard? (Bethel School District vs. Fraser 1986) (Inappropriate speech)
Because school officials have an "interest in teaching student 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. What is the Hazelwood Standard? (Hazelwood School District vs. Kuhlmeier 1988)
Censorship of school sponsored student expression is permissible when school officials can show that it is "reasonably related to legitimate pedagogical concerns"

5. What is the Frederick Standard?
(Morse vs. Frederick June 25, 2007)
January 2002, Olympic Torch travels through town. Holds up bad sign. "Bong hits 4 Jesus"
Frederick suspended for 10 days. Frederick says it is freedom of speech. ~School Wins~ because is it a school function.

6. What is the definition of libel?
"There is no legal justification for censoring a student's expression in the privacy of his home."

Elements of Libel
~ Defamatory statement (hurts persons reputation)
~ Published to at least one other person
~ Concerning the plaintiff
~ False statement of fact
~ Made with fault


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