Class notes 27 April 2005
2 more class projects: defamation and cell
phone / technology issues, wrapping up Chapter 5, more on Equal Access Act /
Mergens case
EDLD
5340
27 April 2005
Defamation in education group project
written is slander
oral is libel
What constitutes defamation: 4 conditions
1- words must meet definition of defameation
2- must be communciated to a third person
3- info must be false (cannot be true)
4- communication of words must have resulted in an injury to the plaintiff
Fraud: Deception
Presentation on "Cell Phone and Other Technology Concerns for Schools"
http://edlaw.wiki.com
BE FAMILIAR WITH A&A PAGES 1023-1024 ON THE EQUAL ACCESS ACT!
Focus on Mergens case too, A&A page 228-237
If you have just one non-curriculum related club, then you have "triggered" the act and then you cannot discriminate
School districts can rule or choose to close the door to non-curriculum related clubs
Caudillo vs Lubbock ISD
- decided in March 2004, a little over a year ago
- Judge Cummings here in Lubbock, this case is the only one in the nation that Fred knows about where a student group based on philosophical issues
- this case did NOT get appealed to the 5th Circuit
- this is the one exception where the students did NOT prevail
- the facts in this case were not necessarily favorable to obtaining a reversal at the appeal level, because of the profane / obscene materials the student group was posting at the school
Possible question for final: Can you require parent permission for students who want to join a gay/lesbian group?
- think about how you treat other student groups, whether curricular or non-curricular
Can these groups have guest speakers come in?
- what if a faculty member or student member from another school wants to come meet with them?
Be careful thinking a Fellowship of Christian Athletes (FCA) is the same as teh religious group in the Mergens case
- that was an exam question for Fred's class about 10 years ago
- make sure you look at the definition of "student club" as specified in Mergens
The kind of access we are talking about here in Mergens is different than organizations wanting access to the gym or a classroom for religious activities or other purposes
- those types of situations are NOT governed by the Mergens case because they are not student groups as defined in the case
you only have 2 statutes to look at for Equal Access issues (pp. 1023-1024)
The establishment clause cases with Lemon (if reversed) will probably not (in Fred's opinion) not affect Mergens
Lemon case in p 229 was relied on by US Supreme Court in 1990
- in Mergens, all 3 prongs of Lemon test were met
1- secular purpose: yes, more than religious focus
2- inhibit or advance religion: no, there were other groups addressed and none were singled out
3- excessive entanglement involved: No-- you can have oversight, but these are voluntary student groups at the secondary level, if they choose to meet you can have an adult / staff member monitor their behavior
There will be a scenario on the final exam about elementary settings
Won't hurt to read Caudillo case
- remember it is one of a kind, fact specific,, would have been a close call had the plaintiffs appealed, might have obtained a reversal, but that is all hypothetical (they did not appeal)
Tip for the final: "If the glove fits, you must acquit" (to quote Johnny Cochran)
27 April 2005
Defamation in education group project
written is slander
oral is libel
What constitutes defamation: 4 conditions
1- words must meet definition of defameation
2- must be communciated to a third person
3- info must be false (cannot be true)
4- communication of words must have resulted in an injury to the plaintiff
Fraud: Deception
Presentation on "Cell Phone and Other Technology Concerns for Schools"
http://edlaw.wiki.com
BE FAMILIAR WITH A&A PAGES 1023-1024 ON THE EQUAL ACCESS ACT!
Focus on Mergens case too, A&A page 228-237
If you have just one non-curriculum related club, then you have "triggered" the act and then you cannot discriminate
School districts can rule or choose to close the door to non-curriculum related clubs
Caudillo vs Lubbock ISD
- decided in March 2004, a little over a year ago
- Judge Cummings here in Lubbock, this case is the only one in the nation that Fred knows about where a student group based on philosophical issues
- this case did NOT get appealed to the 5th Circuit
- this is the one exception where the students did NOT prevail
- the facts in this case were not necessarily favorable to obtaining a reversal at the appeal level, because of the profane / obscene materials the student group was posting at the school
Possible question for final: Can you require parent permission for students who want to join a gay/lesbian group?
- think about how you treat other student groups, whether curricular or non-curricular
Can these groups have guest speakers come in?
- what if a faculty member or student member from another school wants to come meet with them?
Be careful thinking a Fellowship of Christian Athletes (FCA) is the same as teh religious group in the Mergens case
- that was an exam question for Fred's class about 10 years ago
- make sure you look at the definition of "student club" as specified in Mergens
The kind of access we are talking about here in Mergens is different than organizations wanting access to the gym or a classroom for religious activities or other purposes
- those types of situations are NOT governed by the Mergens case because they are not student groups as defined in the case
you only have 2 statutes to look at for Equal Access issues (pp. 1023-1024)
The establishment clause cases with Lemon (if reversed) will probably not (in Fred's opinion) not affect Mergens
Lemon case in p 229 was relied on by US Supreme Court in 1990
- in Mergens, all 3 prongs of Lemon test were met
1- secular purpose: yes, more than religious focus
2- inhibit or advance religion: no, there were other groups addressed and none were singled out
3- excessive entanglement involved: No-- you can have oversight, but these are voluntary student groups at the secondary level, if they choose to meet you can have an adult / staff member monitor their behavior
There will be a scenario on the final exam about elementary settings
Won't hurt to read Caudillo case
- remember it is one of a kind, fact specific,, would have been a close call had the plaintiffs appealed, might have obtained a reversal, but that is all hypothetical (they did not appeal)
Tip for the final: "If the glove fits, you must acquit" (to quote Johnny Cochran)
Posted: Wed - April 27, 2005 at 04:25 PM |
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Published On: Apr 28, 2005 04:25 PM
Total entries in this category: 16
Published On: Apr 28, 2005 04:25 PM
