Bethel School District vs. Fraser (1986)
“His speech was filled with sexual references and innuendos, but it contained no obscenities” . The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. The good news is that Fraser's candidate was overwhelmingly elected. The bad news was that Fraser was suspended from the school for three days and removed from the list of students who were eligible to make graduation remarks. (Fraser was second in his class at that time.) His parents appealed the school's disciplinary action. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days. The Washington Supreme Court agreed that his free speech rights had been violated. The school board then appealed the case to the U.S. Supreme Court. In Tinker v. Des Moines Independent School Board the Court said that the First Amendment gave students the right to wear black armbands to school to protest the Vietnam War. The Court held, by a 7-2 margin, that school officials acted within the Constitution by disciplining Fraser. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."Justices Stevens and Marshall dissented. Stevens wrote, "I believe a strong …show more content…
Fraser (ABA Division for Public Education).” Key Supreme Court Cases: Bethel School District v. Fraser (ABA Division for Public Education), www.americanbar.org/groups/public_education/initiatives_awards/students_in_action/bethel.html. Accessed 6 Mar. 2017.
“{{Meta.pageTitle}}.” {{Meta.siteName}}, www.oyez.org/cases/1985/84-1667. Accessed 7 Mar.
“His speech was filled with sexual references and innuendos, but it contained no obscenities” . The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. The good news is that Fraser's candidate was overwhelmingly elected. The bad news was that Fraser was suspended from the school for three days and removed from the list of students who were eligible to make graduation remarks. (Fraser was second in his class at that time.) His parents appealed the school's disciplinary action. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days. The Washington Supreme Court agreed that his free speech rights had been violated. The school board then appealed the case to the U.S. Supreme Court. In Tinker v. Des Moines Independent School Board the Court said that the First Amendment gave students the right to wear black armbands to school to protest the Vietnam War. The Court held, by a 7-2 margin, that school officials acted within the Constitution by disciplining Fraser. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."Justices Stevens and Marshall dissented. Stevens wrote, "I believe a strong …show more content…
Fraser (ABA Division for Public Education).” Key Supreme Court Cases: Bethel School District v. Fraser (ABA Division for Public Education), www.americanbar.org/groups/public_education/initiatives_awards/students_in_action/bethel.html. Accessed 6 Mar. 2017.
“{{Meta.pageTitle}}.” {{Meta.siteName}}, www.oyez.org/cases/1985/84-1667. Accessed 7 Mar.