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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;
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Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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?
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
Case PresentationCase Presentation
The Pitka Case The Pitka Case
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Defamatory Statements
about Teachers
Defamatory Statements
about Students
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
Analysis Analysis
of of
New York Times v. SullivanNew York Times v. Sullivan
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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
Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007
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?