Do constitutional principles apply to damage awards?
oYes. The First Amendment prohibits awards of presumed punitive damages for false and defamatory statements unless the plaintiff showed “actual malice.” oTo prove actual malice, the plaintiff must show that the defendant made the objectionable statements either with knowledge that they were false or with reckless disregard of whether or not they were false. SUMMARY oBoth teachers and administrators who make false statements that harm teachers’ and students’ reputations are liable for defamation. -A written comment in a student’s school record can lead to a libel suit. -A gossip session in the teacher’s lounge can support a charge of slander. oIn many situations, teachers and administrators are protected in making statements about others teachers’ and students’ character and ability. Courts have ruled that educators who are acting in good faith have a qualified privilege to comment on matters that are within their scope and authority. oIn some situations, the courts have ruled that educ
