Bethel School District v. Fraser (1986)

Facts:
In April 1983, Matt Fraser, a student at Bethel H.S. in Pierce County, Washington, delivered a speech at an assembly nominating a friend for an office in student government. Approximately 600 students, many of whom were 14-year olds, attended. During the speech, Fraser described his candidate using a sexual metaphor. Prior to the speech, Fraser consulted several teachers who advised against giving the speech. The morning after the assembly, the assistant principal informed Fraser that his speech violated the school's "disruptive conduct rule." Fraser was suspended for three days, and his name was removed from the list of possible graduation speakers. The school's grievance procedure affirmed the action, but he only served two days of suspension.

Fraser sued the school in U.S. District Court alleging that the action violated his First Amendment rights to freedom of speech. The District Court ruled in favor of Fraser, and the 9th Circuit Court of Appeals affirmed.

Issue:
Is a suggestive speech delivered by a student at a school assembly protected by the First Amendment?

Court Held: Reversed 7-2 CJ Burger wrote for the majority.

Reasoning:

• We must balance the student's right to express uncivil views with society's interest in teaching students the boundaries of socially appropriate behavior.
• The constitutional rights of students in public school are not co-extensive with the rights of adults in other settings.
• Tinker does not prevent schools from punishing lewd or indecent speech
• A high school assembly with a wide range of demographics is no place for suggestive speech such as Fraser's.

Dissent: Justice Marshall

• Since Fraser's speech did not cause any disruption, he should not have been punished.

Rule:

• Student rights in public schools are not the same as adults in other settings.
• School officials must be given wide latitude in determining what type of behavior will be permitted.