Current Search: HORRIGAN, TERRANCE EDWARD. (x)
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Title
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A HISTORICAL LEGAL STUDY OF THE VULNERABILITY OF EDUCATIONAL OFFICIALS TO THE PRESS.
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Creator
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HORRIGAN, TERRANCE EDWARD., Florida Atlantic University, Connelly, George W.
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Abstract/Description
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The need that prompted this study was the educational officials' lack of exposure to changes in the libel law concerning their rights as educators and their newly defined classification as public officials. This classification creates the primary need for the study. Educational officials must prove actual malice when seeking libel suits. The purpose of the study was to historically investigate the present vulnerability of educational officials to the press. This vulnerability has been created...
Show moreThe need that prompted this study was the educational officials' lack of exposure to changes in the libel law concerning their rights as educators and their newly defined classification as public officials. This classification creates the primary need for the study. Educational officials must prove actual malice when seeking libel suits. The purpose of the study was to historically investigate the present vulnerability of educational officials to the press. This vulnerability has been created by the Supreme Court decisions since 1964. The New York Times Company , Inc. vs. Sullivan landmark national libel standard creating actual malice as the criterion for civil suit by a public official, set the pivotal point as a demarcation from the past to the present in the legal cases concerning defamation. This study researched the law of the past to the present to set the background to develop the manner by which legal research may be accomplished by the educator. The major conclusion of the paper is the need for a fairness doctrine for press coverage, the equal of the fairness doctrine of the radio and television. The paper supports the contention that the newspaper is a major industry in a protected status without the restrictions of a fairness doctrine not only for the public official, but for the private citizen. Even though the private citizen need not prove actual malice, as does the public official, he does not have the right to fair reply in the newspaper as he does on the radio and television. This in itself is a modern logical anachronism in the law. How can other forms of the media be open while the press is closed to public response? Another conclusion of the study is the need for the present-day educational official to be able to do preliminary legal research in educational problems. The research in libel is but an example of the manner in which a professional educator should be trained. Simply stated , the modern educator training centers must place more emphasis on the legal training of educational officials .
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Date Issued
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1977
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PURL
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http://purl.flvc.org/fcla/dt/11688
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Subject Headings
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Educational law and legislation--United States--Cases, Libel and slander
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Format
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Document (PDF)
