Chapter 6 EDLE 669 – C06
Jennifer L. Marks/Carol McMillan March 3. 2006
What Constitutes Slander and Libel? Elizabeth Pitka a teacher in North Pole Alaska informs the North Pole School Board in writing of her intent to resign in thirty days from the date of her letter. Before Ms. Pitka’s thirty day period elapsed she was informed in writing by the North Pole School Board of a vote by the board to relieve her of her duties as head teacher and teacher. She was also informed in writing to stay off school property which she ignored and was arrested for disturbing the peace. That evening, there was a front-page article that the Fairbanks newspaper wrote describing Ms Pitka’s difficulties with the North Pole School Board. 1. Initial claim: Pitka filed a claim for defamation in an Alaska trial court. She claimed that the newspaper had published an article that was false malicious and defamatory. The Court concluded that the statements were libelous. The Publishing Company filed an appeal to the Alaska Supreme Court which reversed the decision and returned the case to the trial court for a new trial. 2. Legal path: The Alaska Supreme Court reversed the jury verdict because the trial court improperly failed to instruct the jury that the truth of a defamatory statement is an absolute defense to an action of defamation. The Alaska Supreme Court also ruled that the jury have reasonably concluded that the defamatory words were true. The .Plaintiff’s decision to ignore a school board letter to stay off the property could legitimately be characterized as a fight and an act of defiance: the statement that Pitka had been arrested for disorderly conduct could be justified by proof that she was arrested for “disturbing the peace.” The Supreme Court concluded that the statements” would have the natural tendency to diminish the esteem in which [Pitka] was held and to result in a lack of confidence in her professional competency. The Supreme Court also ruled that the newspaper should have had the opportunity to raise the defense that the statements in the headlines were true. Under the common law truth is an absolute defense and would constitute a complete justification for the statements.
3. Administration process to avoid legal repercussions, litigation and potential human resources: Alternative Dispute Resolution (ADR) - mediation - arbitration To avoid legal action an administrator could settle out of court through an alternative dispute resolution program. One way is to sit down with a mediator, a neutral third person to negotiate an agreement. The other basic type of ADR is
Chapter 6 EDLE 669 – C06
Jennifer L. Marks/Carol McMillan March 3. 2006
arbitration usually used to resolve labor management disputes. A trained arbitrator acts as the third party. The arbitrator’s decision could be binding or nonbinding depending on the State law. 4. Legal process: If statement is defamatory on its face, the law assumes that the individual’s reputation has been injured. On the other, if the false statements are not defamatory per se the injured party must prove that he she was directly harmed in some way by the statements. To be defamatory, the false statements must relate to the individual’s professional performance. Once the statements are determined to be libel then the amount of damages are decided based on how serious the plaintiff’s reputation was harmed. The truth is an absolute defense to libel or defamation claims. Initially look for cases that have similar situations at Alaska Supreme Court decisions Alaska’s State Court decisions Law Library @ the courthouse Law Schools, Universities, or Colleges United States Reports Recent U.S. Supreme Court decisions www.supremecourtsus.gov. Court of appeals The process to create a case for the plaintiff File a complaint which must include the law or constitutional provision violated Wait on an answer within 30 days Discovery begins – interrogatories, depositions and document requests 5. The impact this case would have on a school district: May cause a district to re-evaluate the process of when a person is relieved of their teaching duties May cause a district to have supervisor look into reasons behind the initial resignation letter Districts might want to look at the retention rate of teachers
6. Key vocabulary Civil defamation Slander Libel Malicious motives Justifiable purpose Qualified privilege Absolute privilege
Chapter 6 EDLE 669 – C06
Jennifer L. Marks/Carol McMillan March 3. 2006
Conditionally privileged Actual malice The Family Educational Rights and Privacy Act