Teachers and The Law 7 th Chapter 6 What Constitutes Slander and Libel? Fischer, Schimmel, Stellman...

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 6Chapter 6What Constitutes What Constitutes

Slander and Libel? Slander and Libel?

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

PowerPoint PresentationPowerPoint Presentation

Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

This multimedia product and its contents are protected under copyright law. The following are prohibited by law:

•any public performance or display, including transmission of any image over a network;

•preparation of any derivative work, including the extraction, in whole or in part, of my images;

•any rental, lease, or lending of the program.


Chapter 6Chapter 6What Constitutes Slander an Libel?What Constitutes Slander an Libel?

Essential QuestionEssential Question

In what ways has the reputation of teachers or students been harmed in our society?


Key ConceptsKey ConceptsChapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System

Defamatory Statements about

Teachers

Key ConceptsKey ConceptsChapter 6 –What Constitutes Slander an Libel?Chapter 6 –What Constitutes Slander an Libel?

Defamatory Statements about

Students

Public Officials


Defamation (81)

Slander (81)

Libel (81)

Qualified Privilege (85)

Absolute Privilege (86)

FERPA (87)

In loco parentis (87

Public Figure (90)

KEY TermsKEY TermsChapter 6Chapter 6


Case PresentationCase Presentation

The Pitka Case The Pitka Case


Defamatory StatementsDefamatory Statements• The truth is not an absolute defense to

defamation action:– depends on malicious motives– requires justifiable purpose

• Kinds of Defamatory Statements:– impute criminal offence– impute a loathsome disease– disparage professional competency– impute lack of chastity or morality


How is Amount of Damage Determined?How is Amount of Damage Determined?

Varies according to the degree to which the jury believes the plaintiff’s reputation has been harmed:

• Plaintiff’s general character and reputation in community

• Nature of statements made

• Number of people who heard or read statement


Family Educational Rights and Privacy Act of 1974

Guarantees students’ rights to privacy for educational records

• Due to federal funding, students and parents must have access to permanent school records

• Exclusive right for student (18 years old) to have records

Defamatory Statements

about Students


Who Can Be Sued?Who Can Be Sued?

• Teachers may be sued – for their defamatory statements published in

students’ permanent records– for knowingly spreading false gossip that

harms student’s reputation

• Students may sue– for educators’ defamatory comments on

recommendations if students have access to them


about Teachers


about Students


Constitution applies to slander and libel

– New York Times v. Sullivan

• U. S. Supreme court ruled that First Amendment (freedom of speech and press) requires that public officials cannot be awarded damages for libel or slander unless they can prove that such statements were made with actual malice

• Administrators are considered duly elected public officials (vary from state to state)

• The standard applies to statements of opinion as well as facts

– Damage awards

Public Officials

and Slander


Analysis Analysis

of of

New York Times v. SullivanNew York Times v. Sullivan


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


Chapter 6Chapter 6What Constitutes Slander and Libel?What Constitutes Slander and Libel?

Having thought through the issue of slander and libel, how can teachers and administrators protect their reputation?

Teachers and The Law 7 th Chapter 6 What Constitutes Slander and Libel? Fischer, Schimmel, Stellman...

Documents

Transcript of Teachers and The Law 7 th Chapter 6 What Constitutes Slander and Libel? Fischer, Schimmel, Stellman...