Thursday, April 22, 2010

Bethel School District No. 403 v. Fraser (1986)

This court case was about a high school student who stand in front of approximately 600 hundred students and made a speech in supporting a candidate for their student government office.

Facts of the Case:
  • At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. 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.
    Source: http://www.oyez.org/cases/1980-1989/1985/1985_84_1667

Matthew Fraser Speech that was made on April 26, 1983:

  • "I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- but most . . . of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing until finally -- he succeeds. Jeff is a man who will go to the very end -- even the climax, for each and every one of you. So vote for Jeff for A. S. B. vice-president -- he'll never come between you and the best our high school can be."
    Source: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/fraserspeech.html

However, the Supreme Court concluded that Fraser's speech could, consistent with the First Amendment, be the basis for disciplinary action by the the Bethel School District.

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