How do the United State courts rule between satire and slander?
Living in a country where media is very prevalent in our lives sometimes fake news can get to carried away, but how do courts differentiate defamatory news between satire? According to Kelly and Warner Law they state,” The United States courts have made it abundantly clear: parody and satire are not defamatory”. It really depends on who is seeing these stories and how they take humor and sarcasm. Satire is the funny version of news and can you can tell that it is fake. The United States courts protect satire as part of the First Amendment because everyone has the right to express themselves as long as it doesn’t interfere with the reputation of others. Where as defamatory news can cause harm to a person’s image due to lies that are very believable and passed off as true.
One very important case of satire and defamation is when Falwell, a pastor, sued Larry Flynt for an ad published in Hustler magazine. The ad implied Falwell had a intimate relationship with his mother. When the case reached the Supreme court the judges sided with Larry Flynt. They explained that the ad was satire and didn’t hurt Falwell’s reputation because it very noticeable that it was fake and pure humor. Although in a defamation case where Rebel Wilson sued Bauer Media for falsely accusing her of lying about her age and childhood and portraying her as a “serial liar”. This false accusation cost her a lot of “damage” because she wasn’t able to get any jobs.
“Satire V. Defamation: What’s The Difference Between Satire & Defamation?.” Kelly / Warner Law | Defamation Law, Internet Law, Business Law. N. p., 2014. Web. 20 Feb. 2018.
“‘It’S Important To Stand Up To Bullies’: Rebel Wilson Wins Record Amount In Defamation Case.” Washington Post. N. p., 2018. Web. 20 Feb. 2018.
” Defamation And Satire | Media Law Journal.” Medialawjournal.co.nz. N. p., 2018. Web. 20 Feb. 2018.
The school system is very strict of what they can or can’t show you. There are all kinds of censorship that the the school system portrays on the student body. “Teachers, principals, and school administrators make decisions all the time about which books and materials to retain, add or exclude from the curriculum”. “As the National Council of Teachers of English (NCTE) and International Reading Association (IRA) note, there is an important distinction between selection based on professional guidelines and censorship: ‘Whereas the goal of censorship is to remove, eliminate or bar particular materials and methods, the goal of professional guidelines is to provide criteria for selection of materials and methods’.” When a book has swearing or bad words in it, but it’s used for educational purposes does that make it obscenity? There were lots of books that were banned from schools all around America when it is really showing us students how life was at that time in the past. When teaching the english language we need to have examples of both the good and the bad. When dealing with American history the best way to teach us it not filter out everything. There was a time the Supreme Court considered whether a local school board violated the constitution by removing books from the school library, it was held that the right to receive ideas is a necessary predicate to the recipient ‘s meaningful exercise of their own rights of speech, press, and political freedom. Most censorship of materials and restrictions are commonly prompted by public complaints causing the library board or school administration to be mindful of the importance of their neighbor’s religious values, moral sensibilities, and protecting children from offensive materials. So really the ordinary citizens are the driving force behind the challenges to the internet, information, and ideas. Even though there will always be controversy on school censorship, I know that it is an example of obscenity that needs to come to a mutual agreement in the future.
Us, About et al. “The First Amendment In Schools: Censorship.” National Coalition Against Censorship. N. p., 2018. Web. 18 Feb. 2018.How does the first amendment protect what teachers say in the classroom? http://ncac.org/resource/the-first-amendment-in-schools-censorship
“First Amendment And Censorship.” Advocacy, Legislation & Issues. N. p., 2008. Web. 18 Feb. 2018. http://www.ala.org/advocacy/intfreedom/censorship
Censorship in school is very controversial subject that could violate our obscenity limits under the First Amendment, everyone has different opinions and there is a very thin line on what is acceptable to some and what isn’t. Obscenity can be defined as something you know that is wrong when you see it, based on community standards. There have been many cases where students believe their rights are being violated by the school for not allowing them to wear or speak on something they believe in. One example is the Tinker vs. Des Moines case where about 4 students wore black armbands to school to protest the war and the school told them to take them off or go home. When they didn’t take them off they got suspended and were fighting that their rights were violated. The court ruled that school officials could not censor speech or actions unless it was disruptive or hurtful to others and in this case a plain black armband did not. This case is a huge point for future students and knowing what is right and what is wrong in the school setting. On the other hand, there are many parents that are concerned on what is happening in our schools and if it is too obscene. There are many fighting in Mississippi and even here at our school to get To Kill a Mockingbird removed from our curriculum because it is seen as offensive and hurtful to children of a young age. This book is supposed to make you uncomfortable and initiate discussion on how these situations they went through in the book are wrong. Censorship should be based on the schools rules and if a parent does not want their child reading a book they should be allowed a different option but it should not be taken away for everyone. I believe that schools should come together with students and make rules about what is obscene based on the setting and decide what they should censor. I think if we all agreed we wouldn’t have problems with the First Amendment and what is allowed and what isn’t. In the end it is hard to come to a conclusion on these problems because everyone has different beliefs on what should be allowed in school.
American Civil Liberties Union. (2018). Tinker v. Des Moines – Landmark Supreme Court Ruling on Behalf of Student Expression. [online] Available at: https://www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ruling-behalf-student-expression [Accessed 19 Feb. 2018].
NBC News. (2018). Opinion | Why do we still teach ‘To Kill a Mockingbird’ in schools?. [online] Available at: https://www.nbcnews.com/think/opinion/why-are-we-still-teaching-kill-mockingbird-schools-ncna812281 [Accessed 19 Feb. 2018].
STUART TAYLOR Jr., S. (2018). Court Hears School Censorship Case. [online] Nytimes.com. Available at: http://www.nytimes.com/1987/10/14/us/court-hears-school-censorship-case.html [Accessed 19 Feb. 2018].
United States Courts. (2018). Facts and Case Summary – Hazelwood v. Kuhlmeier. [online] Available at: http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-hazelwood-v-kuhlmeier [Accessed 19 Feb. 2018].