Libel and Slander Affects Both the Teachers and Students
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Libel and Slander Affects Both the Teachers and Students
Libel and slander affects the teachers and students inside and outside of the classroom
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Teacher Says She Wishes Her Students Dead; Judge Says She Can ...

Teacher Says She Wishes Her Students Dead; Judge Says She Can ... | Libel and Slander Affects Both the Teachers and Students | Scoop.it

(via NY POST). A Brooklyn teacher — fired for posting snarky online comments suggesting her unruly students should drown — can go back to the classroom, a judge says. Manhattan Supreme Court Judge Barbara Jaffe last ...

 

This article is relevant because it shows what teachers can/have written online.  It also displays that the First Amendment Right can be imposed.  However, the legal ramifications were not as harsh as to be expected.  Saying that you wish someone dead is a harsh statement.

Legal principals: First Amendment Right, was after school hours and not on a school computer

"In April, a first-grade teacher in Paterson, N.J., was suspended for writing on her Facebook page that she felt like a “warden” overseeing “future criminals.”" Katherine Schulten. "What Limits Should There Be on Teachers Writing Publicly About Students?" http://learning.blogs.nytimes.com/2011/06/06/what-limits-should-there-be-on-teachers-writing-publicly-about-students/, accessed 15 February 2012.

This case also reflects the writing of some teachers. However, no ramification were listed. 

I do not feel that new principals  of law are relevant.  The teacher was able to write her comment and if does not state any legal or school ramifications.

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Vikki Howard's comment, February 25, 2012 3:11 PM
yes, I agree--unless a teacher makes a comment about a specific student, the principles of defamation do not come into play--yet teachers are being held to a very high bar (and should be) with respect to first amendment rights on the internet--
Vikki Howard's comment, September 3, 2012 1:10 AM
Teachers should not take comfort in this suit--it is but one of many cases where teachers have been suspended/fired subsequent to comments made on social media--what are the defamation issues in this case?
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Former student sues Fla. district for libel over student newspaper photo - Student Press Law Center

Former student sues Fla. district for libel over student newspaper photo - Student Press Law Center | Libel and Slander Affects Both the Teachers and Students | Scoop.it

Former student sues Fla. district for libel over student newspaper photoStudent Press Law CenterFLORIDA — The school district in Miami-Dade County is being sued for libel over a photo in one of its student newspapers.

 

This article is important because it shows that libel is not just words but photos as well.  The victims picture was also altered and used for a campaign that he was supposedly part of, STD's.  It shows that even a picture can be detramental to one's life.

Legal principles are: that the school altered and used a photo of the plaintiff without permission,  the photo has affected the reputation of the plaintiff while attending and after graduating, the teacher should have used better discretion when choosing a photo

"ACLU files lawsuit over Slumber Party Pictures," is an example where photos become a nuissance.  While the girls had posted the pictures on their facebook accounts and they were sexually suggestive, the outcome was embarrasing (they are claiming), they were suspended from school and athletic games.  They had to apologize to an all male board and take counseling.  This fits the above case as humiliation is the key, neither thought that a picture would go so far.

New laws within the schools are becoming more strict.  With online socializing sites being so accessible you can hide anthing so anything posted could be detrimental to the person and any affiliates.  The above case shows that when the girls photos are found, they play sports, and puts the school at risk for loss of reputation.

This case would fit under a statuatory law.  It is not part of  constitutional law but that of the schools. 

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Vikki Howard's comment, September 3, 2012 12:34 AM
this article does show that pictures too can be the pretext for libel--though in this case, it was the juxtaposition of the photo with the article on STDs--what is libel, and why would this student feel that he had a claim to defamation?
Bo Herak's comment, September 3, 2012 9:19 PM
In this case of a student sueing the Miami Dade School system because of a article with the students face in the school paper with the students face on it talking about STD's. This is important to slader and Libel in education because even though it is a student based paper, the school in my opinion should have a faculty member edit the paper so that nothing like this would ever happen. The school won the law suit but it is a good lesson learned and other schools should learn form this schools mistake.
Vikki Howard's comment, September 9, 2012 10:57 PM
On what basis did the school win the case? This is important because the student sued on the basis of a chance placement of article and photo--was there malicious intent? Did the student suffer actual damage to his reputation? Was the school liable for student content?
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Jury: Parent defamed Dr. N.H. Jones Elementary principal - Ocala

Jury: Parent defamed Dr. N.H. Jones Elementary principal - Ocala | Libel and Slander Affects Both the Teachers and Students | Scoop.it

Jury: Parent defamed Dr. N.H. Jones Elementary principalOcalaTorrey has been ordered to pay Dr. NH Jones Principal Don Raymond, inset, $75000 in a defamation of character suit.

 

This article is important because parents are the ones to sue teachers, and other people employed in a school.  In this case a parent decided to continually defame the Principal when she claimed matter were not  met in regards to her child.  The harrassment was both though email and and verbally.

Legal principals of the case include evidence (or lack of) of emails, the fact that the plaintiff can not prove the ill-treatment of her child and the idea that Torrey had seemed to have complaints and when they were met she would have another complaint which included the harrassment of her child. 

A case that is relatively close is Trocsh vs. Layshock.  In this case a principal is suing a former student Layshock for postings on the internet, defamation of character.  However, the lawsuit doesn't fit under the New Yorks Times Standard.  The former student is known for being a jokester and said information is outlandish.

This case is linked to the fact that internet postings are relatively new but have been subject of constant new laws to protect the people who use the world wide web.

While there are laws defamation of character has to fit into a specific category...did it cause any harm and also what was said on the internet does not mean that it is true or defamotory.

 

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Vikki Howard's comment, February 25, 2012 3:20 PM
Parents making claims against teachers is very common--schools taking such parents to court is rare--unfortunately, legal avenues often harm education in other ways--Good reference to the NY Times case --referring to malicious intent--often false claims that are not necessarily malicious are just as damaging to a person's reputation
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Students Using the First Amendment to Slander ... - Topical Teaching

Students Using the First Amendment to Slander ... - Topical Teaching | Libel and Slander Affects Both the Teachers and Students | Scoop.it

Students Using the First Amendment to Slander Their Principals. I am a big believer in free speech. I consider myself very lucky to be in a country where my thoughts and feelings can be expressed freely without recriminations.

 

This article is important because it shows that students can post things about teachers/principals and are covered under the first amendment.  Sadly, the principal could have been defaced with the comments about hitting on students.  However, the kids were suspended and then they filed suit.  The kids won.

Legal aspects: first amendment right, no defamation to character

Pope John XXIII Regional High School had ordered that all profiles and blogs be removed from the internet and would be assessed a fine if they did not comply.  The students felt this was a violation of their first amendment rights.  The school can control what the students do at school but not outside of school where the above articles students had written on the internet.

I do not think this has a new principal, schools can not order students to remove social chat sights when used outside of the school.  It is not like the 1950's where you see your teacher at the ice cream shop and they tell you to go home and have to.

 

 

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Vikki Howard's comment, February 25, 2012 3:26 PM
you are right--today is not our mother's school environment -- our first amendment rights (which is already badly maligned) should be strongly defended--a long body of litigation against journalist's invading the privacy of public figures (i.e., entertainers) have emboldened the media--and now, students who malign their own public figures (i.e., teachers)
Vikki Howard's comment, September 3, 2012 1:02 AM
The courts are also big believers in the First Amendment--to date, leaning against any curtailment of freedom of expression in cases of cyber slander. It is clearly important for teachers to grow a thick skin, as violence against teachers/administrators (and everyone else) continues to pollute the net. However, schools are stepping in to punish students (legally and illegally) in an attempt to get a handle on activity that disrupts the school environment. In what ways are teachers less protected than other citizens?
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GuardingKids.com Blog: Jamie Isaacs honored for cyberbully efforts

GuardingKids.com Blog: Jamie Isaacs honored for cyberbully efforts | Libel and Slander Affects Both the Teachers and Students | Scoop.it

Photo credit: Christina Primero | Jamie Isaacs of Lake Grove, left, and Paige Pless of Albany, stand with Sen. Jeff Klein (D-Bronx) after the Senator introduced resolutions commending the two teens for their fight against ...

 

This article is important because it shows a fight against cyberbullying without having to go to the courtroom.  Better yet it is the victims that are helping other students to be able to get contact with an attorney or just someone to talk to.

Their are no legal principals but it does highlight that an attorney can help, and that the court system can help stop the harrassment.

 "A 16-year-old female student at Stonewall Jackson High School in Manassas, Va., is accused in a police affidavit of creating a Facebook page called "Stonewall hoes" and posting pictures of nine other students at the school with lewd captions beneath each." NBC Washington.  "Student Charged in Facebook Cyber Bullying" Casehttp://www.nbcwashington.com/news/local/Student-Charged-in-Facebook-Cyber-Bullying-Case-118394349.html. accessed 15 February 2012.

(sorry about the cite. I didn't want to sum up the information as it would still be plagerism).

This case is like the above case because the harrasser had tarted multiple victims and that the victim did put an end to it, she contacted the police.  Just like the two girls above the victims are receiving support, espiecially for taking action, just like above.

A newer side of the law is that it is the police who get called instead of the school trying to help only to find it is also taking place outside the school.  Many states are implementing laws that cyberbullying is not just for the schools but for everyone. 

In this case it is constitutional law.  The state and federal government are more involved in making decision to help prevent cyberbullying.

 

 

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Vikki Howard's comment, February 25, 2012 3:31 PM
good point about the pervasive nature of cyberbullying in our culture as a whole--check any discussion board on the internet and you will find individuals mistreating each other through verbal violence
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Cyberbullying: The Facts

Cyberbullying: The Facts | Libel and Slander Affects Both the Teachers and Students | Scoop.it

Cyberbullying: The Facts (Quirky Kid is proud to contribute content to Essential Kids.

 

This article is important to teachers because it gives the details of cyberbullying so it can be easily identified and stopped before it takes a greater tole on the victim.

There  several legal points highlighted in this article.  Some include the aspects of harrassment such as the bullying, what sources can be used,  and sexting.

The article does not contain a specific case.  I am using it as a definition which needs to be defined before a case can be made.

All states in the United States have laws against cyberbulling.  It is part of local, state and federal law.  So if cyberbullying is taking place with the victims being, students, teachers and in some states the regular population. 

 

 

 

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Vikki Howard's comment, February 25, 2012 3:32 PM
How is cyberbullying defamation? In what way is this behavior related to the topic--it can...