Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. Teachers and The Law 7th Chapter 6 What Constitutes Slander and Libel? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella 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. Copyright © Allyn & Bacon 2007

What Constitutes Slander an Libel? Chapter 6 What Constitutes Slander an Libel? Essential Question In what ways has the reputation of teachers or students been harmed in our society? Copyright © Allyn & Bacon 2007

Key Concepts Chapter 6 –What Constitutes Slander an Libel? Key Concepts Chapter 1-Teachers and the Legal System Defamatory Statements about Teachers Public Officials Defamatory Statements about Students Copyright © Allyn & Bacon 2007

KEY Terms Chapter 6 Defamation (81) Slander (81) Libel (81) Qualified Privilege (85) Absolute Privilege (86) FERPA (87) In loco parentis (87 Public Figure (90) Defamation: false statement of fact that tends to harm another person’s reputation; must be communicated to a third person Qualified privilege: comment on matters concerning the operation of the school (school administrators are not held liable for comments in letters of recommendation----under a duty to comment and are acting in good faith) Absolute Privilege – school statements – administrator cannot be found liable for defamation even he or she acted maliciously or in bad faith; also public officials executive proceedings; In loco parentis – in place of the parent; acting as a parent with respect to the care, supervision and discipline of a child Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Case Presentation The Pitka Case Copyright © Allyn & Bacon 2007

Defamatory 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 Truth is a defense dependent Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

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 Damage awards may include compensation for mental or physical injury or for other financial losses suffered as a result of defamatory statements Punitive damages; if defendant has acted malicious or with reckless disregard of truth Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Defamatory Statements about Students 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 Teachers: describe accurately relevant, observable behavior rather than making derogatory remarks about students. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Who Can Be Sued? Teachers may be sued Students may sue Defamatory Statements about Teachers Defamatory Statements about Students 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 Cannot sue for grades because the court’s cannot evaluate the expertise of the accuracy of teacher’s grading decisions and will not intervene in the grading Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Public Officials and Slander 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 Actual Malice – defendant made the libelous or slanderous statements either knowing that they are false or with a reckless disregard for the truth of the statements Fourteenth Amendment 0 meet a higher standard of proof in defamation suits Public officials are individuals Achieved fame or notoriety in community, or voluntaries injects himself or is drawn into a particular controversy; thereby becomes a public figure for a limited range of issues (90) Statements of opinion as well as facts: courts have to determine whether the statement does imply an actual fact or opinion according to : 1. type of language used 2. the meaning of the statement in context whether the statement is verifiable 3. the broader social circumstances in which the statement was made Damage awards: plaintiff must prove that the defendant made the objectionable statements either with knowledge that they were false or with reckless disregard of whether or not they were false. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Analysis of New York Times v. Sullivan Copyright © Allyn & Bacon 2007

Case Study Initial Proceedings Complaint Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Case Study Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

What Constitutes Slander and Libel? Chapter 6 What Constitutes Slander and Libel? Having thought through the issue of slander and libel, how can teachers and administrators protect their reputation? Copyright © Allyn & Bacon 2007