Bethel School District v. Fraser(478 U.S. 675, 1986)

Anthony MillerSummer 2011

Oakland UniversityEL 620

ScenarioO When: April 26, 1983O Who: Matthew Fraser, a Bethel High

School studentO Mr. Fraser delivered a speech

nominating a fellow student for Student Body Vice President

O Fraser's speech was filled with sexual innuendos in an elaborate and graphic manner.

O The actual speech can be read here:O http://en.wikipedia.org/wiki/Bethel_Scho

ol_District_v._Fraser

Schools ActionOFraser meet with the school vice

principal the following morningOFraser was suspended for three

days and prohibited from speaking at his graduation ceremony.

OFraser appealed the school decision through the grievance procedures of his school

School Grievance Procedures

O Fraser sought review of this disciplinary action.

O The hearing officer determined that the speech given by respondent was indecent, lewd, and offensive to the modesty and decency of those in attendance

O It was determined that the speech fell within the ordinary meaning of "obscene," as used in the disruptive-conduct rule.

O Fraser served two days of his suspension, and was allowed to return to school on the third day, but still not allowed to speak at graduation.

First Amendment Rights

O Fraser, with the approval of his parents and help from an attorney, filed a lawsuit against the school claiming a violation of his First Amendment right to free speech.

O U.S. District Court judge Jack Tanner ruled in his favor

District Court VerdictO The school's sanctions violated Fraser’s

right to freedom of speech under the First Amendment

O The school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of Fraser’s name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment

O The District Court awarded Fraser $ 278 in damages, $ 12,750 in litigation costs and attorney's fees, and enjoined the School District from preventing Fraser from speaking at graduation

District ReactionO The school appealed to the U.S.

Ninth Circuit Court of AppealsO The Court of Appeals also ruled in

Frasers favorO The school District then asked the

U.S. Supreme Court to consider the case

U.S. Supreme CourtO The U.S. Supreme Court agreed to

take on the caseO The Court of Appeals decision was

reversed in a 7-2 voteO The Supreme courts ruling said that

the school districts policy did not violate first amendment rights

O Frasers discipline results were upheld

Impact of the caseO Chief Justice Burger conceded that the First

Amendment might permit the use of an offensive form of expression by an adult making a political point, but "the same latitude of expression is not permitted to children in a public school.“

O This case examined the issue of student expression in the schools and found that certain limits on expression are permitted by the First Amendment.

ReferencesO Student Central – Key Supreme Court

CasesO http://www.americanbar.org/groups/p

ublic_education/initiatives_awards/students_in_action/bethel.html

O Wikipedia – Bethel School District vs. FraserO http://en.wikipedia.org/wiki/Bethel_Sc

hool_District_v._Fraser