Law and Ethics Notes

Teachers, Students, and the First Amendment
5 Freedoms of the First Amendment
1. Speech
2. Petition
3. Religion
4. Assembly
5. Press
The Tinker Standard
Tinker vs. Des Moines School District (1969)
--Black armbands in 1965 to protest the Vietnam War
--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 officials have an "interest in teaching students the boundaries of socially appropriate behaviors," 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)

--Censor stories in student newspapers about teen pregnancy and divorce

--Censorship of school-sponsored student expression in permissible when school officials can show that it is "reasonably related to legitimate pedagogical concerns."

The 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, students sue because they were not on school property

--School wins because it was a school authorized activity

Libel (written)

-defames someone's character [ruins their reputation]

-has to be published to at least one other person [spoken if it is slander]

-false statement of fact [opinions are not libel]