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Bethel School District #43 v. Fraser (1987)
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Bethel School District #43 v. Fraser (1987)
By Elia Hernandez
Fraser was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office
Background
When and Where?
1987 in Washington state
Other Important Info.
More Information
his speech featured numerous sexual innuendos and references, causing the audience to react in a variety of ways; some appeared embarrassed, while others yelled and made obscene gestures. Prior to the student assembly, two educators had warned Fraser that he should not give the speech and that if he did, serious consequences could result. The following day, the assistant principal told Fraser that he had violated the school’s policy prohibiting the use of obscene language. As punishment, school officials suspended Fraser for three days and removed his name from the list of possible graduation commencement speakers.
Why is this case important?
Importance
After Fraser was unable to get his punishment overturned through the school board’s grievance procedure, his father filed suit on his behalf, alleging that officials infringed on his First Amendment right to freedom of speech
What Constitutional issues were questioned?
Students do not have a First Amendment right to make obscene speeches in school
The school appealed the case to the Ninth Circuit Court of Appeals, which affirmed the lower court’s ruling. It maintained that Fraser’s speech was no different from the student speech in Tinker v. Des Moines Independent Community School District (1969), in which the U.S. Supreme Court held that school officials could not discipline students who wore black armbands to protest the Vietnam War solely on the basis of the fear that the students would cause a disruption
Other Cases
Who wrote the important opinions for the case?
Important Opinions
The majority opinion was authored by Chief Justice Warren E. Burger. Fraser contended that he had a First Amendment right to political speech under the principles of Tinker, which protects the vast majority of student speech that does not create a substantial disruption
My opinion on the case
I agree with the ending verdict of that the school officials did not violate a student's free speech and how that a school’s disciplinary policy does not need to be as descriptive as a criminal code, because such a policy does not impose criminal sentences.
Bethel School District No. 403 v. Fraser, case in which the U.S. Supreme Court on July 7, 1987, ruled (7–2) that school officials did not violate a student's free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly.
What is the lasting effect from the case?
Citations
uscourts.gov
https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks
britannica.com
https://www.britannica.com/topic/Bethel-School-District-No-403-v-Fraser