Legal issues of slander and libel concerning students and teachers
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Robert Schanne Sues Former Student For Slander And Libel

Robert Schanne Sues Former Student For Slander And Libel | Legal issues of slander and libel concerning students and teachers | Scoop.it
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Anthony Dale Hoffman's comment, June 6, 2012 11:26 PM
This article is very important for the teaching profession. Robert Schanne is accused of having an inappropriate relationship with a student that was in his class. This can be considered conduct unbecoming a teacher which is a serious offense that can result in a loss of a teachers job. Jenna Addis faces slander and libel charges for spreading this story both verbally and in writing. Her statements are considered defamatory because the fall under the criteria of imputing a criminal offense, disparage professional competency, and impute outrageous sexual misconduct. In the Supreme court case New York Times Co. v. Sullivan 376 U.S. 254 (1964) it was determined that the First Amendment's protection of freedom of speech and press require that public officals cannot be awarded damages unless they can prove that the statements made were made with malice. If Mr. Schanne can prove that the comments were made with malice like he insinuates then he is entitled to monetary damages.
Vikki Howard's comment, June 19, 2012 12:37 PM
Very logical analysis of this article Tony--I loved your reference to legal principles such as conduct unbecoming, and the defamation test; inclusion of the Sullivan case strengthens your analysis, and it is all tied up with the question of damages! Well written, well researched.
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Telling Tales Out of School - New York Times

NOT long ago, teenage gossip was something that spread in the cafeteria, lived in murmurs on the school bus or was scribbled, and soon scratched out, on bathroom walls.Today, the Web is the medium...
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Anthony Dale Hoffman's comment, June 6, 2012 11:55 PM
This article deals with websites that allow students to write comments about their teachers. This is very important to the teaching profession because teacher's reputations could become unwarrantly tarnished due to comments online. "RateMyTeacher.com" and other websites allow students to level accusations at their teachers for everyone in the world to see. Teachers could sue the students for defamatory statements because they may impute a criminal offense, impute a loathsome disease, disparage professional competency, or impute outrageous sexual misconduct. Students have gone from gossiping and writing on bathroom stall walls to using the internet as a source of expressing discontent with their teachers. The difference is that sometimes statements cannot be taken off the internet. In the case Wagner vs. Miskin, 2003 N.D. 69, 660 N.W.2d 593 (2003) dealt with a student from the University of North Dakota who was sued by her teacher for posting malicious claims that she and her professor exchanged sexually charged emails. The teacher won the lawsuit.
Vikki Howard's comment, June 19, 2012 12:50 PM
Excellent research Tony--as you can see, this is hardly a minor matter and the courts have not been able to negotiate the issue of digital violence well -- nor has any other sector of our society! The Wagner case is important, but insufficient to stem the tide against interpersonal indecency
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Student’s Facebook Tirade Against Teacher Is Protected Speech

Student’s Facebook Tirade Against Teacher Is Protected Speech | Legal issues of slander and libel concerning students and teachers | Scoop.it
The score is 2-1 in favor of the First Amendment when it comes to three federal rulings this month on the limits of students' online, off-ca...
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Anthony Dale Hoffman's comment, June 6, 2012 11:41 PM
This article's importance to teachers lies in the fact that students can create fake profiles or internet pages to slander and libel their reputations. This article takes on what is considered free speech under the first amendment and what is slander and libel. Katherine Evan's rant against a teacher does disparage professional competency, which can be considered defamatory. The statements made in all three of the cases mentioned are not satire or comedy. In the court case of Salek v. Passaic Collegiate Sch., 605 A.2d 276 (N.J. Sup. Ct. App. Div. 1992) the court found that a teacher could not bring a defemation lawsuit against a high school student that had a yearbook caption that suggested a sexual relationship between the teacher and another faculty member. This would go against this court case because the facebook comments were made out of malice.
Vikki Howard's comment, June 19, 2012 1:06 PM
Thank you for including the satire/comedy principle of defamation--this has been critical in the few cases that have been heard. The malice test is high in cases of libel -- probably because courts would be inundated with cases if it was easy to get money from libelous/slanderous suits.
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Law Professor Accuses Students of Defamation - New York Times

Law Professor Accuses Students of Defamation - New York Times | Legal issues of slander and libel concerning students and teachers | Scoop.it
At the University of Arkansas in Little Rock, a law professor has sued two of his students, alleging that they defamed him by unfairly describing him as a racist.
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Anthony Dale Hoffman's comment, June 7, 2012 12:38 AM
The article details the defamation of character of a University law professor by his students. This is important to teachers because it deals with the topics of tenure, slander, and libel. The Law Professor's comments on affirmative action and the newspaper article from "The Onion" about Rosa Parks may have been tacky, but they can also be considered satirical. Historically the comment describing him as a racist does not fall under any of the categories that fall under being defamatory. The tenured law professor could be reassigned to another school as part of desegregation plans and dismissed "for a cause". In the case, Moyer v. Amador Valley Joint Union High Sch. Dist., 275 Cal. Rptr. 494 (Ct. App. 1990) the court ruled that a student's statement in a high school newspaper that a teacher was a "babbler" was not defamatory. This case could easily go the same way.
Vikki Howard's comment, June 19, 2012 1:09 PM
I like your thinking in applying the defamation principle and suggesting the Moyer case as a possible finding that would apply. I tend to agree that it would be hard for his case to gain much traction.