The case arose after school officials at
Bethel High School in Pierce County, Washington
, disciplined junior Matthew N. Fraser for delivering a speech laced with sexual references before a student assembly.
When did Bethel vs Fraser take place?
Bethel School District No. 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.
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 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.
What was the Supreme Court ruling in Tinker v Des Moines?
In a 7-2 decision, the Supreme Court’s majority ruled that
neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate
.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning …
Who won Bethel vs Fraser?
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. Burger.
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
.
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.
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.
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.
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
.
What is the difference between the Tinker standard and 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.
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.
What was tinkers argument?
In Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the Supreme Court ruled that
public school officials cannot censor student expression unless they can reasonably forecast that the speech will substantially disrupt school activities or invade the rights of others
.
Why did the Supreme Court find in favor of the students in the Tinker case?
Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The
high court agreed that students’ free rights should be protected and said
, “Students don’t shed their constitutional rights at the school house gates.”
What was significant about the Miranda v Arizona case?
In the landmark supreme court case Miranda v. Arizona (1966), the Court held that
if police do not inform people they arrest about certain constitutional rights
, including their Fifth Amendment right against self-incrimination, then their confessions may not be used as evidence at trial.
