Supreme Court Cases Period 1 Fall 2015

By: Rachel Bailey
Bethel School District v. Fraser (1986)
Background Information
Mathew Fraser, a high school student at the time, delivered a speech during a school assembly advocating for his friend’s
candidacy for student office. In the speech, Fraser used a series of sexual innuendos and was later suspended from school for
delivering the speech to over 600 students. He was then prohibited from speaking at graduation despite having been voted to
do so by the student body. The school system disciplined Fraser on the grounds of his speech “disrupting the educational
process.”
Constitutional Issue(s)
Does the first amendment prohibit a school system from disciplining a student for delivering a crude speech to his fellow
student body during a school assembly?
Supreme Court Decision (Majority Opinion)
The Supreme Court found that it was in fact appropriate for the school system to prohibit the use of vulgar language. They did
however, rule that Fraser should be allowed to speak at graduation after all.
Precedent
“It is true, however, that the State has interests in teaching high school students
how to conduct civil and effective public discourse and in avoiding disruption of
educational school activities. Thus, the Court holds that, under certain
circumstances, high school students may properly be reprimanded for giving a
speech at a high school assembly which school officials conclude disrupted the
school's educational mission”
Concurring Opinion(s)
Justice Brennan had a concurring opinion. He believed that the school system
had a right to prohibit profane language without having it violate the First
Amendment.
Dissenting Opinion(s)
Justice Marshall and Justice Stevens both has dissenting opinions. They both believed that the speech didn’t necessarily
disrupt the educational process, and therefore shouldn’t have been punishable by suspension.
Sources Cited (MLA)
Bethel School District No. 403 v. Fraser." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 8, 2015
Quick Links
https://www.oyez.org/cases/1985/84-1667
https://www.law.cornell.edu/supremecourt/text/478/675#writing-USSC_CR_0478_0675_ZC
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