403 v. Fraser, legal case in which the U.S. Supreme Court on July 7, 1986, 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
.
Who won the Bethel vs Fraser case?
In an ironic twist of fate, the lower court’s actions enabled
Fraser
to deliver the commencement address at his high school graduation. The school appealed to the U.S. Supreme Court and prevailed by a 7-2 vote. The majority opinion was authored by Chief Justice Warren E.
Do you agree or disagree with the court’s ruling in the Fraser case?
403 v. Fraser, legal case in which the U.S. Supreme Court on July 7, 1986, 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 was the dissenting opinion in Bethel v Fraser?
In Justice Marshall’s dissenting opinion, he
argued that school officials never presented evidence that Fraser’s speech had, in fact, disrupted education at Bethel High
. Justice Stevens also dissented. Stevens argued that Fraser had no reason to think he would be suspended for the speech given.
What did Fraser say?
The speech was filled with sexual innuendos, but not obscenity, prompting disciplinary action from the administration. The speech was as follows:
I know a man who is rock hard – he’s firm in his pants, he’s firm in his shirt, his character is firm – but most of all, his belief in you the students of Bethel, is firm.
Why did Matthew believe his suspension was unconstitutional?
Matthew believed that
he had a First Amendment right to give his speech, and sued the school
. … The school argued that Matthew’s speech had clearly violated the school conduct code, and that the First Amendment did not protect Matthew’s words in public school. The case eventually went to the Supreme Court.
How did the Court distinguish between the Tinker case and the Fraser case?
Fraser protested his punishment, stating that it violated the precedent established by Tinker. The Court distinguished between
“political” speech that is protected under Tinker and “vulgar” speech during a school-sponsored event
.
How old was Matthew Fraser when he gave his speech?
* On April 26, 1983, appellee Matthew N. Fraser, then a
seventeen-year-old
senior at Bethel High School in Tacoma, Washington, nominated a friend and classmate for school office at a student-run assembly called for that purpose.
What is the difference between the Tinker standard and the Fraser standard?
Under the Fraser standard, school officials look not merely to the reasonable risk of disruption—the Tinker standard—but would also
balance the freedom of a student’s speech rights against the school’s interest
in teaching students the boundaries of socially appropriate behavior.
Are students protected by the 1st Amendment?
The U.S. Supreme Court has said that students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.” … Therefore,
the First Amendment does not provide protection for students at private schools
.
Are not automatically coextensive with the rights of adults in other settings?
The Supreme Court has held that the
constitutional rights of students in public school
are not automatically coextensive with the rights of adults in other settings and that the rights of students must be applied in light of the special characteristics of the school environment.
What was the dissenting opinion in Hazelwood v Kuhlmeier?
Dissent: student expression must be accommodated to an extent. Justice William J. Brennan Jr. wrote the dissenting opinion
denying that the First Amendment permits “such blanket censorship authority.
” He cited Tinker v.
Is it an appropriate function of a public school to prohibit vulgar and offensive language?
It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse. Nothing in the Constitution prohibits the states from insisting that certain modes of expression are inappropriate and subject to sanctions.
How much does Matt Fraser make?
This means Fraser, the weekend’s top earner, took home an extra $22,000 after earning six event wins and two-second places finishes at this year’s Games, bringing his total earnings to a cool
$322,000
.
Do soldiers have free speech?
Like all Americans,
members of the Armed Forces have the right to free speech
, but they also have a responsibility to protect the nation and to understand there are times when right and responsibility may not go hand-in-hand. … A servicemember’s right to free speech is limited to protect the national interest.
What is the disruption test?
The substantial disruption test is the major standard developed by the U.S. Supreme Court in its seminal student speech K-12 decision Tinker v. Des Moines Independent Community School District (1969) meant
to determine when public school officials may discipline students for their expression
.
