Bethel school district v fraser. Bethel V Fraser 2022-10-24
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Bethel School District v Fraser is a landmark Supreme Court case that dealt with the issue of free speech in schools. The case involved a high school student, Matthew Fraser, who was suspended from school for giving a speech at a school assembly that was deemed "lewd and indecent" by school officials.
The incident occurred in 1983 at Bethel High School in Washington state, where Fraser was a student. During the school's annual "Flag Day" assembly, Fraser gave a speech nominating a fellow student for a student government office. In his speech, Fraser made several sexually suggestive references, including a reference to a particular student's "tight jeans."
School officials were offended by Fraser's speech and suspended him for three days. Fraser's parents challenged the suspension, arguing that it violated Fraser's First Amendment right to free speech. The case eventually made its way to the Supreme Court, where it was argued in 1986.
In a 7-2 decision, the Supreme Court ruled in favor of Fraser, stating that while schools have the right to regulate student speech that is disruptive or undermines the educational mission of the school, Fraser's speech did not meet that standard. The Court found that Fraser's speech was protected by the First Amendment, as it was not directed at any particular individual and did not disrupt the educational process.
The Court's ruling in Bethel School District v Fraser established important precedent for the role of free speech in schools. It affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," as stated in the majority opinion.
However, the Court also made it clear that schools have the authority to regulate student speech that is disruptive or otherwise interferes with the educational process. This balancing of students' free speech rights with the need to maintain a safe and orderly learning environment has continued to be an important issue in education policy.
In conclusion, Bethel School District v Fraser is a significant Supreme Court case that established the limits of free speech in schools. It affirmed that students have the right to express their opinions, as long as it does not disrupt the educational process or create a hostile learning environment. This ruling has had a lasting impact on education policy and the rights of students to freely express themselves in school.
Bethel School District v. Fraser
Fraser, a student at Bethel High School in Pierce County, Washington, delivered a speech nominating a fellow student for student elective office. Steven DeHart told respondent "that this would indeed cause problems in that it would raise eyebrows. Pico, The authority school officials have to regulate such speech by high school students is not limitless. The First Amendment did not prevent the School District from disciplining respondent for giving the offensively lewd and indecent speech at the assembly. During the entire speech, respondent referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor. Students who elected not to attend the assembly were required to report to study hall. I A On April 26, 1983, respondent Matthew N.
. During the entire speech, respondent referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor. United States, Pacifica, supra, at 744-745. New Hampshire, 315 U. Students were required to attend the assembly or to report to the study hall. The interest in free speech protected by the First Amendment and. The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's countervailing interest in teaching students the boundaries of socially appropriate behavior.
See Finding of Fact No. Review of the disciplinary action through petitioner School District's grievance procedures resulted in affirmance of the discipline, but respondent was allowed to return to school after serving only two days of his suspension. The child did something that he should not have done within a school building. In my opinion, a university should be allowed to decide for itself whether a program that illuminates the genius of Walt Disney should be given precedence over one that may duplicate material adequately covered in the classroom. Supreme Court Case: Earl Versus The Board Of Education 740 Words 3 Pages Facts of the Case: Earl versus the Board of Education was a Supreme Court case in 2002 where high school students and their parents disliked the action of The Student Activities Drug Testing Policy taking place in an Oklahoma School District. In the words of Mr. Students who elected not to attend the assembly were required to report to study hall.
The morning after the assembly, the Assistant Principal called Fraser into her office and notified him that the school considered his speech to have been a violation of this rule. Therefore, what was said eliminated him from the election. When a more orthodox message is being conveyed to a similar audience, four Members of today's majority would treat high school students like college students, rather than like children. Consciously or otherwise, teachers -- and indeed the older students -- demonstrate the appropriate form of civil discourse and political expression by their conduct and deportment in and out of class. When he delivered the speech, many students called out, gestured, and laughed, while others looked confused and embarrassed.
Bethel School District v. Fraser :: 478 U.S. 675 (1986) :: Justia US Supreme Court Center
Surely it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse. This is the major question that arises. Irene Hicks told him that she thought the speech "was inappropriate, and that he probably should not deliver it. McCutcheon, the school counselor whose testimony the District relies upon, the reaction of the student body "was not atypical to a high school auditorium assembly. The majority used this case to narrow the holding in Tinker, allowing schools to regulate certain types of speech, such as those that are vulgar, on the grounds that they could disrupt school discipline. Board of Education, Granville Central School Dist.
(Annotated)Bethel Sch. Dist. v. Fraser, 478 U.S. webapi.bu.edu
Unlike the sanctions imposed on the students wearing armbands in Tinker, the penalties imposed in this case were unrelated to any political viewpoint. In this case it is not an original case but had been appealed. The schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school that tolerates lewd, indecent, or offensive speech and conduct such as that indulged in by this confused boy. IV Respondent contends that the circumstances of his suspension violated due process because he had no way of knowing that the delivery of the speech in question would subject him to disciplinary sanctions. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction. Vincent, Any student of history who has been reprimanded for talking about the World Series during a class discussion of the First Amendment knows that it is incorrect to state that a "time, place, or manner restriction may not be based upon either the content or subject matter of speech.
Des Moines Independent Community School Dist. Even though the Supreme Court recognized the validity of the Tinker v. Beard, New Basic History of the United States 228 1968. The one student gave a speech with language unaccepted in the school, and got suspended, and was not allowed to be The case first went to a general court and it could not be The general rule is to not use slander language and or offensive language, which the child did use. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. He gazed at the crowd of 600 of his schoolmates while readying a printout of his speech.
In my understanding there was a school event in which students gave speeches. Nor does this case involve an attempt by school officials to ban written materials they consider "inappropriate" for high school students, cf. There is no evidence in the record that any students, male or female, found the speech "insulting. The pervasive sexual innuendo in Fraser's speech was plainly offensive to both teachers and students -- indeed, to any mature person. One teacher reported that, on the day following the speech, she found it necessary to forgo a portion of the scheduled class lesson in order to discuss the speech with the class.
