Law and Ethics 2/16/2010

Five Freedoms of First Ammendments(1791):
1)Speech
2)Press
3)Religion
4)Petition
5)Assembly

Congress can make no laws about what you can or can't say or what religion you have to be. (as long as you don't print lies)



Tinker Standard:
-Tinker vs, Des Moines School District
-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 rights of others



The Fraser Standard:
-Bethel School District vs. Fraser
-Innapropriate speech for class president
-Because school officials have an "interest in teaching students the boundaries of socially approprite behavior," they can censor student speech that is vulger or indecent, even if it does not cause a "material or substantial disruption"



The Hazelwood Standard:
-Hazelwood School District vs. Kuhlmeier
-Censorship stories in student newspaper about teenage pregnency and divorce
-Censorship of school sponsered student expression is permittable when school officials can show that it is "resonably related to legitamate pedagogical (teaching) concerns



The Frederick Standard:
-Morse vs. Frederick
-January 2002 Olympic torch travels through town
-Principal cancels school
-Senior Frederick unveils banner across the street that reads "Bong hits for Jesus"
-Suspended for 10 days



Three Types of Student Web Sites
-sites that are offensive, obnoxious and insulting
-sites that are offensive, obnoxious and insulting and also contain somw sort of veiled threat of violence or of destruction of property
-sites that also contain outright blatent threat (Post Columbine)
-Facebook Issues at Eden Prairie and Woodbury High Schools.



Libel
-A defamatory statement...
-Published to at least one other perosn (other than plantiff)...
-"Of and concerning" tht plantiff (identify specifically with plantiff)
-And made with fault. Level of fault depends on status of plantiff
-Public figures required to prove actual malice