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Case Study Of Bethel High School District 403 V. Fraser

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Bethel High School District 403 v. Fraser Matthew Fraser, a student studying at Bethel High school, gave a speech at a school assembly to nominate his friend as a candidate for student government. The speech contained many sexual references and innuendos, but no obscene content. Making his speech, Fraser was suspended from Bethel High school for three days. His parents appealed the school's decision and Washington Supreme Sourt agreed the his freedom of speech rights were contravened, the school board appealed the case to the Supreme Court. This case was appealed to the Supreme Court because Matthew Fraser's speech rights were opposed by the school board by suspending him. The Bill of Rights grants every citizen of America the right of freedom of speech, according to Amendment 1 but in this case it was disregarded. So …show more content…

There was precedent from the case of Tinker v. Des Mones Independent Community School District in 1969 when the court said that "that students do not shed their constitutional rights at the school gate". In this case, despite their previous decision, the court sided with the school board. Cheif Justice Burger wrote for the majority and stated that there was a big difference between Tinker case which dealt with a major issue of public policy, whereas the case of Fraser deals with lewd speech in a school. "The purpose of public education in America is to teach fundamental value" wrote Burger he said that the freedom of speech dealing with offensive remarks applies to adults, but the same degree does not apply to the students in a school. Justices Stevens and Marshall wrote a dissenting opinion. Stevens wrote "I believe a strong presumption in favor of free expression should apply whenever an issue of this kind is arguable." In the end the court decided that the school board was correct in order to discipline Fraser about using offensive language in the wrong

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