Law and Ethics notes

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

Five Freedoms of First Amendment
1. speech
2. assembly
3. religion
4. press
5. petition

But First Amendment rights are not unlimited. Rioting and murder are illegal. Believe, write, assemble whatever and whenever you want within the confines of the law.

Because they are government agencies, public schools are further limited by First Amendment rights. However, public schools have more freedom than private schools. Because they're often based on religion, unregulated private schools are frequently more stifling than public schools.

Tinker v. Des Moines Independent Community School District (1969)
The US government recognizes First Amendment rights protect student rights to protest.

Neither students nor teachers "shed their constitutional rights to freedom of expression or speech at the schoolhouse gate."

Tinker Standards - cannot be unlawful or physically disruptive speech.


Bethel School District vs. Fraser (1986) ~ inapproriate speech for class president

Because school officials have an "interest in teaching students the boundaries of socially approriate behavior", they can censor student behavior that is indecent or vulgar, even if it does not cause a "material or substantial disruption."

Fraser Standards - decency standards

Hazelwood Standard: If an article goes against what the school teaches, the school has the right to edit or censor. Example: teenage pregnancy.

"Reasonable educational justification"


Morse vs. Frederick (2007)
Olympic torch travels through town and school is canceled. Senior unveils banner on sidewalk across streets "Bong Hits 4 Jesus". Suspended for 10 days.

Students claim it's not on school grounds, during school, met for a joke, or actual illicit activities.

Ruled in favor of school, because it's a school authorized activity.

Libel and Slander
Libel: an oversimplified definition
Publication of a false statement of fact that seriously harms someone's reputation.

Have to be able to prove it.

Red Flag Statements:
-accusations of illegal conduct
-sexual misconduct
-associated with "loathsome diseases"
-lying
-unfit for business
-academic problems
-racial/religious/ethnic bigotry
-financial instability or lack of creditworthiness

Acting Reasonably:
-use trustworthy sources - evaluare sources and don't overstate credibility
-take accurate notes
-documents
-report, don't sell
-talk to all sides - including the subject
-be open-minded
-do the work required or don't do the story
-be rigorous in your choice of language
-never publish a story if you doubt it's truth