Freedom of Speech, Peaceably to Assemble, Freedom of Religion, Freedom of Press and Petition.
The Tinker Standard: (1969) Students speech can not 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: (1986) 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 "material or substantial disruption."
The Hazelwood Standard: (1988) Censorship of school-sponsored student expression is permissible when school officials can show that it is "reasonably related to legitimate pedagogical (teaching) concerns."
The Frederick Standard: (January 2002) Olympic torch travels through town, Principal Morse cancels school. Senior Frederick unveils banner on sidewalk across street which reads, "Bong Hits 4 Jesus." Students were suspended for 10 days.
Your Rights Outside Of School:
"There is no legal justification for censoring a student's expression in the privacy of his home."
Three Types of Student Web Sites:
- Sites that are offensive, obnoxious and insulting and also contain some sort of veiled threat of violence or of destruction of property.
- Sites that contain outright blatant threat (Post Columbine)
- Facebook issues at Eden Prairies and Woodbury High Schools
Elements of Libel:
- A defamatory statement...
- Something that detains someones character.
- Published to at least one other person (other the plaintiff)
- "Of and Concerning"
- That is a false statement of fact (opinions at not libel)
- Made with fault. Level of fault depends on status of plaintiff
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