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This decision had seemed to rule resoundingly in favor of free speech protections in schools. The majority used this case to narrow the holding in Tinker, allowing schools to regulate certain types of speech, such as those that are vulgar, on the grounds that they could disrupt school discipline.
Bethel School District No. 403 v. Fraser, legal case in which the U.S. Supreme Court on July 7, 1986, ruled (7–2) that school officials did not violate a student’s free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly.
As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational process . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days.
Bethel v. Fraser. Does the first amendment prevent a school district from disciplining a high school student for giving a lewd speech at a school assembly? The above issue was recently addressed and decided by the United States Supreme Court in Bethel School District No. 403 v. Fraser.'
Fraser, 478 U.S. 675 (1986), was a landmark decision of the Supreme Court of the United States in which the Court upheld the suspension of a high school student who delivered a sexually suggestive speech at a school assembly.
On Monday the Supreme Court will hear oral argument about whether officials at the Scanaway, Wash., school violated Fraser's First Amendment rights when they suspended him for the speech, which...
The Court held that the school district was “within its permissible authority in imposing sanctions upon Fraser in response to his offensively lewd and indecent speech.” (This audio from Free Speech Out Loud is also available on Apple Podcasts, Spotify, and all other podcast apps.) Facts/Syllabus
