1. Bethel School District v. Fraser (478 U.S. 675, 1986) Anthony Miller Summer 2011 Oakland University EL 620

2. Scenario O When: April 26, 1983 O Who: Matthew Fraser, a Bethel High School student O 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_School_Dis trict_v._Fraser http://en.wikipedia.org/wiki/Bethel_School_Dis trict_v._Fraser

3. Schools Action O Fraser meet with the school vice principal the following morning O Fraser was suspended for three days and prohibited from speaking at his graduation ceremony. O Fraser appealed the school decision through the grievance procedures of his school

4. 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.

5. 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

6. District Court Verdict O 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

7. District Reaction O The school appealed to the U.S. Ninth Circuit Court of Appeals O The Court of Appeals also ruled in Frasers favor O The school District then asked the U.S. Supreme Court to consider the case

8. U.S. Supreme Court O The U.S. Supreme Court agreed to take on the case O The Court of Appeals decision was reversed in a 7-2 vote O The Supreme courts ruling said that the school districts policy did not violate first amendment rights O Frasers discipline results were upheld

9. Impact of the case O 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.

10. References O Student Central – Key Supreme Court Cases O http://www.americanbar.org/groups/public_ education/initiatives_awards/students_in_ac tion/bethel.html http://www.americanbar.org/groups/public_ education/initiatives_awards/students_in_ac tion/bethel.html O Wikipedia – Bethel School District vs. Fraser O http://en.wikipedia.org/wiki/Bethel_School_ District_v._Fraser http://en.wikipedia.org/wiki/Bethel_School_ District_v._Fraser