Bethel V Fraser
Shivon Mansfield
1. Legal Citation:
Bethel School District v. Fraser (478 U.S. 675, 1986)
2. Parties Involved:
One of the parties involved in this case is Matthew Fraser, high school student, and his father. They are both the respondents, the defendants in the case. The other party was the Bethel School District. The school district is the plaintiff in this case.
3. Case Facts:
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, 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 (3).
4. Legal Question:
-Does the First Amendment prevent a school district from disciplining a student for giving a lewd speech at an assembly?/Do certain rights of student’s stop once they cross the threshold of the school building? This is the major question that arises. I believe that everyone knows that speech is protected under the
1. Legal Citation:
Bethel School District v. Fraser (478 U.S. 675, 1986)
2. Parties Involved:
One of the parties involved in this case is Matthew Fraser, high school student, and his father. They are both the respondents, the defendants in the case. The other party was the Bethel School District. The school district is the plaintiff in this case.
3. Case Facts:
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, 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 (3).
4. Legal Question:
-Does the First Amendment prevent a school district from disciplining a student for giving a lewd speech at an assembly?/Do certain rights of student’s stop once they cross the threshold of the school building? This is the major question that arises. I believe that everyone knows that speech is protected under the