Chapter 6 Jennifer L. Marks/Carol McMillan
EDLE 669 – C06 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 Jennifer L. Marks/Carol McMillan
EDLE 669 – C06 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 Jennifer L. Marks/Carol McMillan
EDLE 669 – C06 March 3. 2006
Conditionally privileged
Actual malice
The Family Educational Rights and Privacy Act