Law and Ethics Notes

Censorship:

What authority do school officials have to control the content of high school student media?

First Amendment Freedoms
(Promise of the government to respect individual rights):
-Speech
-Assembly
-Religion
-Press
-Petition
*First Amendment rights are not unlimited


Public vs. Private Schools

Public-
*Government Agencies, public schools are limited by the first amendment in their ability to censor

Private-
*First Amendment doesn't regulate behavior of private schools, state law or school policy could provide legal protections for student press though

Court Cases-

Tinker vs. Demoines (1969):
Ruled in favor of Tinker*
*Freedom of speech protected in schools, except when it is unlawful or "physically disruptive" (can start a riot or takes away from the order within schools)

Bethel School District vs Fraser (1986):
Ruled in favor of the school*
*School officials can censor student speech that is vulgar or indecent, even if it does not cause
"a material or substantial disruption." Schools are trying to teach the boundaries of appropriate social behavior.

Hazelwood standard- "reasonably related to legitimate pedagogical concerns" (Is there reasonable educational justification?)

Morse vs. Frederick- Olympic torch travels through Alaska town, students have day off and hold up a sign on the side of the street near the school that says "Bong hits for jesus", students suspended for 10 days, students sue school, Supreme court rules in favor of the school because the students were at a school authorized event


Student websites-

*sites that are offensive, obnoxious, and insulting

*sites that are offensive, obnoxious, and insulting and also contain a 'veiled' threat of violence

*sites that contain outright blatant threats

Libel
Publication of a false statement of fact that seriously harms someones's reputation

Red Flag Statements
Accusations of illegal conduct or involvement with criminal justice system
Sexual misconduct
Associated with "loathsome diseases"
Lying
Unfit for business
Academic problems
Racial/Religious/Ethnic bigotry
Financial instability; lack of creditworthiness