1st Amendment
The 3 types of speech
Self-expression, communication, and art & literature.
There must be a _____ _____ between the student's off-campus speech and the substantial disruption
Sufficient nexus
The 3 categories of protections and what they protect
Copyright protects literary & artistic expression, patent protects functional and design inventions, and trademark protects commercial origin identifications
The two types of defamation and their differences
Libel is written defamation, slander is spoken defamation
The definition of privacy
The right to be left alone by the government and other people
The 5 express rights given by the 1st Amendment
Freedom of speech, press, assembly, religion, and petition.
The rules for students bringing off-campus speech onto campus
Cannot cause or give a forecast of a substantial disruption. If the speech is accessed on-campus by the student who made the speech, they can be punished. If the speech is accessed on-campus by other students but was not brought on-campus by the student who made the speech, the student might still be punished.
The 2 parts of the substantial similarity test and what they are for
Quantitative is how much the 1st work was copied, qualitative is whether the "heart & essence" of the 1st work was copied
The definition of defamation
A communication so damaging that it harms a person's reputation, deprives them of the right to enjoy social contacts, and/or harms a person'a ability to work or make a living
The 2 elements of intrusion of privacy
1) Defendant intruded on 2) Plaintiff's physical solitude (where they had a reasonable expectation of privacy)
4 examples of unprotected speech
Any 4 from: incitement, libel, slander, bribery, perjury, solicitation of a crime, false advertising, and fighting words.
The type of off-campus speech that can be restricted, even if it doesn't cause a traditional "substantial disruption"
Bullying/harassing speech
The 3 levels of copyright protection
Highly creative expression, derivative works, and selection & arrangement of public domain materials
The definition of libel proof
When a person's reputation is already so bad that it can't be damaged any further, they can't be libeled.
The 3 elements of misappropriation
1) Plaintiff's likeness was used; 2) without Plaintiff's consent; 3) for a commercial purpose.
The 3 types of protected speech
Political speech, commercial speech, and sexually explicit but not obscene speech.
How and why schools don't have to wait for an actual substantial disruption to occur before restricting the speech
If there is a history of similar student speech causing a substantial disruption in the past, they can then forecast a future one. We also don't want schools to have to wait until the worst-case scenario happens before they can act.
The exceptions to copyright
It is fair use to use a copyright for purposes such as criticism, comment (includes parody), news reporting, teaching, scholarship, or research
The negligence standard and the group of people it is used for
Negligence is the failure to act with reasonable care and is used for private persons
The 3 elements of publication of private facts
1) Publicity of private facts; 2) revelation of these facts must be offensive to a reasonable person; and 3) facts are not of legitimate public concern or interest.
The rules for protected student speech on-campus in public schools
Speech doesn't cause or give a forecast of a substantial disruption, isn't lewd or vulgar, doesn't promote illegal substance use, isn't inconsistent with the basic educational mission of the school.
The 3 types of off-campus student speech that cannot be restricted as long as there's no on-campus substantial disruption
Political speech, lewd & vulgar speech, and outrageous hyperbole
The 4 elements of the fair use rule
1) purpose & character; 2) nature; 3) amount & substantiality; and 4) potential market effect
The actual malice standard and the group of people it is used for
There is actual malice if the defendant had knowledge that the information was false or acted in reckless disregard for the truth; used for public figures and officials
The 4 elements of false light
1) Publication and Identification of the Plaintiff; 2)Falsity must be substantial; 3) False Light must be highly offensive to a reasonable person; and 4)Defendant had knowledge of falsity or acted in reckless disregard of the false light