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Bethel School District No. 403 v. Fraser: Free Speech and the American Student. Matthew Wrocklage, Gidget , Jasmine Journalism 1 - Block 4A. Summary, effects (today). The 1985 Supreme Court case of Bethel School District v. Fraser:
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Bethel School District No. 403 v. Fraser:Free Speech and the American Student Matthew Wrocklage, Gidget , Jasmine Journalism 1 - Block 4A
Summary, effects (today) The 1985 Supreme Court case of Bethel School District v. Fraser: • gave schools the right to regulate indecent speech that may be perceived as offensive but not necessarily obscene • In a 7-2 vote, the court sided with the Bethel School District and decided the defendant’s words were inconsistent with the “values of public school education” and were punishable
The Petitioner: Bethel School District • On April 26, 1983, Matthew N. Fraser, a 17-year-old senior at Bethel High School in Spanaway, Washington, made a nomination speech at a student assembly that was filled with obvious sexual references (see handout) • Largely due to the students’ reaction to the speech, the school administration saw fit to suspend Fraser for three days, and revoke his right to make a graduation address.
The Petitioner: Bethel School District • The BSD disciplinary code forbids conduct which “substantially interferes with the educational process… including the use of obscene, profane language or gestures.”
The Respondent: Matthew N. Fraser http://www.oyez.org/cases/1980-1989/1985/1985_84_1667
The Outcome • The majority opinion: • Writing for the majority, Chief Justice Burger said, “The purpose of public education in America is to teach fundamental values. These fundamental values . . . must . . . Include consideration of the political sensibilities of other students.” • The court overturned the previous rulings of the lower courts; Fraser’s words were indeed punishable. • The dissenting opinion: • Justice Brennan believed that schools constitutionally could regulate the speech of students, but felt that Fraser’s particular remarks did not warrant punishment (http://www.youtube.com/watch?NR=1&v=uDKW0i4fbko) • Justice Thurgood Marshall disagreed for similar reasons.
Expert opinion “The Chief Justice [Burger] may have been motivated by old-fashioned chivalry; but in the contemporary context, he has a sexist ring. Should high-school girls be sent out of the room when Shakespeare's ‘lewd' ways of dealing with male sexuality and his frequent sexual metaphors and innuendo appear in literature classes?” - Fred M. Hechinger in a New York Times opinion piece (July 15, 1986)
Expert opinion • Then Education Secretary William J. Bennett referred to the decision as “an important victory for American schools,” and added that “there is no constitutional right to disrupt the learning process.”
