Bethel+v.+Fraser

__**BETHEL v. FRASER**__

Student Matthew Fraser gave a campaign speech to 600 students (many as young as 14 years old) that the school considered inappropriate due to the excessive use of sexual innuendo, resulting in the suspension of Fraser and removal from the list of candidates for graduation speaker. Fraser’s father argued that penalizing his son for his speech violates his first amendment rights. Fraser argued that punishment for his speech violated his first amendment right, and removal from the graduation speaker list violated the Due Process Clause of the Fourteenth Amendment. Bethel argues that Fraser violated their disciplinary rule prohibiting the use of obscene language in the school, which is speech included. The rule states “conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures.” Bethel argues that violation of school policy violates the 10th amendment, that the school has reserved power. The school also argues that they asked if he intended the lewd references in his speech and Fraser answered yes. Fraser also consulted with many teachers who advised him not to deliver the speech. The case was first brought to district court where the court ruled in Fraser’s favor. The school district then brought the case to the U.S. Supreme Court, where it was ruled that the suspension did not violate Fraser’s first amendment rights. The court voted 7-2 to uphold the suspension because of the amount of younger children exposed to the references in the speech. The majority view voted for the school to uphold the suspension because remarks made by Fraser were “obscene”, “vulgar”, and “offensively lewd”. The court ruled that the school properly punished his behavior because Fraser’s remarks exceeded permissible limits. Fraser delivered his speech on April 26th, 1983. The case was argued in Supreme Court starting March 3rd, 1986, and the final decision was made on July 7th, 1986 //Supreme Court Justice Burger//

__Works Cited__ http://www.clipartheaven.com/clipart/americana/supreme_court_building.gif http://en.wikipedia.org/wiki/Bethel_School_District_v._Fraser http://texasgopvote.com/sites/default/files/warren-burger.jpg http://www.oyez.org/cases/1980-1989/1985/1985_84_1667 http://law2.umkc.edu/faculty/projects/ftrials/firstamendment/bethel.html