Law and Ethic Notes

The first Amendment

1. Press
2. Religion
3. Assembly
4. Speech
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 officials have an "interest in teaching students 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."



Hazelwood Standard

-Hazelwood School District vs. Kuhlmeier (1988)
-Censor stories in student newspaper about teen pregnancy and divorce
-Censorship of school-sponsored student expression is 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 for Jesus"
-Suspended for 10 days



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

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