Who is Matt Fraser's attorney?
With approval from his parents and help from American Civil Liberties Union cooperating attorney Jeff Haley, Matt Fraser filed a lawsuit against the school authorities claiming a violation of his First Amendment right to free speech, and United States District Court judge Jack Tanner ruled in his favor.
Why was Matthew Fraser suspended?
High school student Matthew Fraser was suspended from school in the Bethel School District in Washington for making a speech including sexual innuendo at a school assembly. The Supreme Court held that his suspension did not violate his First Amendment right to freedom of speech.
What did the Supreme Court say about the suspension of Bowsher v. Rudman?
The US Supreme Court reversed the Court of Appeals in a 7–2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment. Chief Justice Warren Burger delivered the Court's opinion, in what ended up along with the Gramm–Rudman decision ( Bowsher v.
Who was the classmate that nominated Jeff Kuhlman as the vice president of the Associated Student Body?
On April 26, 1983, Matthew Fraser , a Pierce County, Washington high school senior, gave a speech nominating classmate Jeff Kuhlman for Associated Student Body vice president. The speech was filled with sexual innuendos, but not obscenity, prompting disciplinary action from the administration. The speech was as follows:
What court did the school district appeal to?
The school district then appealed to the US Ninth Circuit Court of Appeals, which ruled in Fraser's favor with a broadly worded opinion. The school district asked the United States Supreme Court to consider the case, and it agreed to do so.
What is the case of Bethel v. Fraser?
403 v. Fraser, 478 U.S. 675 (1986), in which the Court decided that public school officials can prohibit student speech that is vulgar, lewd, or plainly offensive, remains one of most important First Amendment precedents in the public school context. 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. The Supreme Court upheld his suspension. In this photo, the valedictorian gives a speech at Puyallup High School's graduation in 2005. (Image via Wikimedia Commons, CC BY 2.0)
What did the federal district court and federal appeals court rule in Fraser's favor?
A federal district court and federal appeals court ruled in Fraser’s favor, finding that school officials violated his First Amendment rights. In an ironic twist of fate, the lower court’s actions enabled Fraser to deliver the commencement address at his high school graduation.
What is the case of Bethel v. Fraser?
As the school year comes to a close and students are giving student government speeches and commencement addresses, we spotlight the landmark student expression case Bethel v. Fraser (1986). In this case, the Court considered whether the First Amendment protected a student-government nomination speech filled with sexual innuendo.
Why was Matthew Fraser nervous?
Matthew was a little nervous. He felt nervous because he’d shown the speech to two teachers at his school, and they both told him he probably should not deliver it. They told him the speech was inappropriate. One of his teachers even warned him he might get into severe trouble for reading it. He decided to read it anyway.
What happened to Matthew's speech?
After the speech, Matthew was told he had violated the schools conduct code, which said: “Conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures.” He was suspended for two days, and was told he would not be allowed to speak at the school’s graduate ceremony.
When was the student expression case?
As the school year comes to a close and students are giving student government speeches and commencement addresses, we spotlight the landmark student expression case Bethel v. Fraser (1986).
Why was he nervous when he read the speech?
He felt nervous because he’d shown the speech to two teachers at his school, and they both told him he probably should not deliver it. They told him the speech was inappropriate. One of his teachers even warned him he might get into severe trouble for reading it. He decided to read it anyway.
What school did Matthew Fraser go to?
At Bethel High School in Pierce County, Washington, senior student Matthew Fraser used a series of sexual double entendres in a speech that nominated one of his classmates for the position of Associated Student Body Vice President. The school administration found him in violation of policies regarding vulgar speech and disruptive behavior.
How long did Fraser serve his suspension?
Fraser served two days of his suspension, and was allowed to return to school on the third day.
What did the Court of Appeals say about the school district?
Appeals also rejected the School District's argument that it had an interest in protecting an essentially captive audience of minors from lewd and indecent language in a setting sponsored by the school, reasoning that the School District's "unbridled discretion" to determine what discourse is "decent" would "increase the risk of cementing white, middle-class standards for determining what is acceptable and proper speech and behavior in our public schools." 755 F.2d at 1363. Finally, the Court of Appeals rejected the School District's argument that, incident to its responsibility for the school curriculum, it had the power to control the language used to express ideas during a school-sponsored activity.
Why did we grant certiorari?
We granted certiorari to decide whether the First Amendment prevents a school district from disciplining a high school student for giving a lewd speech at a school assembly.
What was the significance of the Tinker v. Des Moines case?
This decision had seemed to rule resoundingly in favor of free speech protections in schools. The majority used this case to narrow the holding in Tinker, allowing schools to regulate certain types of speech , such as those that are vulgar, on the grounds that they could disrupt school discipline. Since the speech in question was not political, as it was in Tinker, it was entitled to a lower level of protection.
What court case did the school district argue that the protest armband was disruptive?
The Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court, 755 F.2d 1356 (1985), holding that respondent's speech was indistinguishable from the protest armband in Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503 (1969). The court explicitly rejected the School District's argument that the speech, unlike the passive conduct of wearing a black armband, had a disruptive effect on the educational process. The Court of
How long was Fraser suspended from school?
Fraser was then informed that he would be suspended for three days, and that his name would be removed from the list of candidates for graduation speaker at the school's commencement exercises.
What is the most similar case to Bethel School District v. Fraser?
Tinker v. Des Moines Independent Community School (1969) is the most similar Supreme Court case to Bethel School District v. Fraser (1986). In December 1965, a group of adults and school children gathered in Des Moines, Iowa. They met to discuss ways to voice their opposition to America’s involvement in the Vietnam War. They eventually decided to wear black armbands with the peace symbol for the remainder of the holiday season. They also decided to fast, meaning live without eating, on December 16 and on New Year’s Eve.
What was Matthew Fraser's case?
Fraser (1986) was a case that reached the Supreme Court. Matthew Fraser was an exceptional student at Bethel High School in Pierce County, Washington. In April 1983, Fraser prepared to give a speech at a school assembly. The assembly was part of a school program to teach about government.
What is the Bethel High student handbook?
Bethel High’s student handbook included a rule that prevented students from interrupting educating by using obscene or profane language. The day after the assembly, the assistant principal called Fraser into her office and told him that he had violated that rule.
What is the significance of the Fraser case?
Fraser was a landmark Supreme Court case. It has forever determined that students in school have to be careful not to make speech that interferes with learning. If Fraser had not used vulgar language, this decision may not have been made yet.
When did Fraser give his graduation speech?
After being elected by his classmates, Fraser gave a graduation speech on June 8, 1983. Meanwhile, Bethel School District appealed the case. The U.S. Court of Appeals for the Ninth Circuit approved the district court’s decision. It said that under Tinker v.
What did the students argue in the case of the school district?
They then took their case to the U.S. Supreme Court. They argued that the schools had violated their right to free speech. With a 7’2 decision, the Supreme Court ruled in favor of the students.
Did Fraser's speech disrupt learning?
Even if Fraser’s speech was offensive, it did not disrupt learning at Bethel High. Bethel School District disagreed, and proceeded to take the case to the U.S. Supreme Court. With a 7’2 decision, the Supreme Court reversed and ruled in favor of Bethel School District.
Why did the District discipline Fraser?
We must address three basic arguments made by the District in support of its claim on appeal that the disciplinary action did not abridge Fraser's constitutional rights: (1) The District may discipline Fraser because the nominating speech had a disruptive effect on the educational process of the school; (2) the District's interest in maintaining a level of civility at the school justified its disciplinary action against Fraser for using language which school officials consider to be indecent; and (3) the District may discipline Fraser for using language considered to be objectionable because the speech was made at a school-sponsored function and was an extension of the school program. We will consider each argument in turn.
What evidence does the District cite in its brief in support of its contention that Fraser's speech disrupted the?
That testimony is the only evidence that the District cites in its brief in support of its contention that Fraser's speech disrupted the assembly.
What evidence supports the district's claim that the speech was disruptive of the educational process?
The only other evidence cited by the District to support its claim that the speech was disruptive of the educational process is the testimony of Debbie Carmandi , a home economics teacher, who said that during class the next day the students expressed so much interest in Fraser's speech that she devoted approximately ten minutes to a discussion of it. Judge Tanner summarized her testimony as follows: "On the day after the speech was delivered, a teacher found that students in her class were more interested in discussing the speech than attending to class work. The teacher then invited a class discussion of the speech." Finding of Fact No. 5.
What is the question of whether Fraser's First Amendment rights were violated?
The question whether Fraser's First Amendment rights were violated is a mixed question of law and fact since it requires us to apply principles of First Amendment jurisprudence to the specific facts of this case. The appropriate standard of review is de novo because, as we said in United States v. McConney,728 F.2d 1195(9th Cir.) (en banc), cert. denied,___ U.S. ___, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), "the question requires us to consider legal concepts in the mix of fact and law and to exercise judgment about the values that animate legal principles. . . . The predominance of factors favoring de novo review is even more striking when the mixed question implicates constitutional rights." Id.at 1202-03.
Was the speech of the student that Fraser made offensive?
There is no evidence in the record indicating that any students found the speech to be offensive. Fraser was the only student to testify.
Who was the person who nominated a friend for school office?
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. The following is the entire text of Fraser's nominating speech:
Did Fraser's speech disrupt the assembly?
We find it significant that although four teachers delivered written statements to an assistant principal commenting on Fraser's speech, none of them suggested that the speech disrupted the assembly or otherwise interfered with school activities. SeeFinding of Fact No. 8. Nor can a finding of material disruption be based upon the evidence that the speech proved to be a lively topic of conversation among students the following day.
Overview
Bethel School District v. Fraser, 478 U.S. 675 (1986), was a landmark decision by the United States Supreme Court involving free speech in public schools. High school student Matthew Fraser was suspended from school in the Bethel School District in Washington for making a speech including sexual innuendo at a school assembly. The Supreme Court held that his suspension did not violate his First Amendment right to freedom of speech.
Background
On April 26, 1983, Matthew Fraser, a Pierce County, Washington high school senior, gave a speech nominating classmate Jeff Kuhlman for Associated Student Body vice president. 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 …
Opinion of the Court
The US Supreme Court reversed the Court of Appeals in a 7–2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment. Chief Justice Warren Burger delivered the Court's opinion, in what ended up along with the Gramm–Rudman decision (Bowsher v. Synar) to be the final case of the Burger Court era. Justices William J. Brennan and Harry Blackmun delivered concurring opinions, while Thurgood Marshall and John Paul Stevens dissented.
See also
• School speech
• Obscenity
• List of United States Supreme Court cases
Further reading
• Finkelman, P., & Urofsky, M. I. (2003). Bethel School District No. 403 v. Fraser. In Landmark decisions of the United States Supreme Court. Washington: CQ Press. Retrieved January 22, 2009, from CQ Press Electronic Library, CQ Supreme Court Collection, http://library.cqpress.com/scc/lndmrk03-113-6442-349542. Document ID: lndmrk03-113-6442-349542.
External links
• Works related to Bethel School District No. 403 v. Fraser at Wikisource
• Text of Bethel School District v. Fraser, 478 U.S. 675 (1986) is available from: Findlaw Justia Library of Congress Oyez (oral argument audio)
• Text of Fraser's speech
Fraser Suspended For Lewd Speech
- 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. Fraser’s speech, nominating a classmate to a student elective office, referred to the student as “firm in his pants,” who would take it to “the...
Court Differentiated Between Political and Sexual Speech
- The Court sided with school officials. Burger noted a “marked distinction” between the political speech in Tinker and Fraser’s sexual speech. “The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society’s countervailing interest in teaching students the boundaries of socially appropriate behavior,” Bur…
Dissenters Thought The Speech Was Not Disruptive
- Justices Thurgood Marshall and John Paul Stevens authored dissenting opinions. Marshall wrote that school officials failed to present evidence that Fraser’s speech was disruptive. Stevens began his dissent by quoting the famous line from Gone With the Wind,“Frankly, my dear, I don’t give a damn.” Stevens wrote that “if a student is to be punished for using offensive speech, he is entitle…