1. 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.
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2. 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?
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3. 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
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4. 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

5. Case Presentation
The Pitka Case
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6. 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

7. 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

8. 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

9. 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

10. 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

11. Analysis of New York Times v. Sullivan
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12. 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
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13. 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