In its opinion today, the Court describes respondent as a "confused boy," ante, at 683, and repeatedly characterizes his audience of high school students as "children," ante, at 682, 684.

NO. Approximately 600 high school students, many of whom were 14-year-olds, attended the assembly. Inescapably, like parents, they are role models. The speech contained sexual metaphors and innuendo.

77-81.

*681 It is against this background that we turn to consider the level of First Amendment protection accorded to Fraser's utterances and actions before an official high school assembly attended by 600 students. On the other hand, in a locker room or perhaps in a school corridor the metaphor in the speech might be regarded as rather routine comment. Categories: Uncategorized .

BETHEL SCHOOL DISTRICT NO. Bethel School District v. Fraser, 478 U.S. 675 (1986), was a landmark decision [1] by the United States Supreme Court involving free speech in public schools. 3026, 57 L.Ed.2d 1073 (1978).

Under such circumstances Fraser must be deemed a "prevailing party" on the due process issue. Of course, had the district court's due process ruling been overturned on the merits, then Fraser would not be entitled to any fees because "[a]n erroneously granted injunction cannot be the basis for an award of attorney's fees as the prevailing party." McLaurin and Tillman); id., at 152-153 (Sen. McCarthy). . speech would undermine the school's basic educational mission. Apache Trail Hiah School YyN N Y 070468000 ¡Alhambra Elementary District Y Y N Y 10879400nlAmerican Charter Schools Foundation d.b.a. Unlike the sanctions imposed on the students wearing armbands in Tinker, the penalties imposed in this case were unrelated to any political viewpoint. In the words of Mr. McCutcheon, the school counselor whose testimony the District relies upon, the reaction of the student body 'was not atypical to a high school auditorium assembly.' To my mind, the most that can be said about respondent's speech—and all that need be said—is that in light of the discretion school officials have to teach high school students how to conduct civil and effective public discourse, and to prevent disruption of school educational activities, it was not unconstitutional for school officials to conclude, under the circumstances of this case, that respondent's remarks exceeded permissible limits.

v. FRASER, A MINOR, ET AL", Bethel School District No. Tinker, supra. ( Log Out / 

The court explicitly rejected the School District's argument that the speech, unlike the passive conduct of wearing a black armband, had a disruptive effect on the educational process. Lamb's Chapel v. Center Moriches Union Free School Dist. The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board. The First Amendment did not prevent the School District from disciplining respondent for giving the offensively lewd and indecent speech at the assembly. If necessary, he'll take an issue and nail it to the wall. 92-7, pp. Fraser was then informed that he would be suspended for three days, and that his name would be removed from the list of candidates for graduation speaker at the school's commencement exercises.

97-2, Rule XIX, pp.

I should think it obvious, for example, that if two groups of 25 students requested the use of a room at a particular time — one to view Mickey Mouse cartoons and the other to rehearse an amateur performance of Hamlet — the First Amendment would not require that the room be reserved for the group that submitted its application first.

In that case, the Court said that the First Amendment gave students the right to wear black armbands to school to protest the Vietnam War. That court appears to have proceeded on the theory that the use of lewd and obscene speech in order to make what the speaker considered to be a point in a nominating speech for a fellow student was essentially the same as the wearing of an armband in Tinker as a form of protest or the expression of a political position. In upholding the students' right to engage in a nondisruptive, passive expression of a political viewpoint in Tinker, this Court was careful to note that the case did "not concern speech or action that intrudes upon the work of the schools or the rights of other students."

It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse.

4.
393 U.S., at 526, 89 S.Ct., at 746. Conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures.'

1274, 20 L.Ed.2d 195 (1968), or the indecent speech banned in FCC v. Pacifica Foundation, 438 U.S. 726, 98 S.Ct. v. Tourism Co. of Puerto Rico, San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee. Chaplinsky v. New Hampshire, 315 U.S. [568], at 572 [62 S.Ct. Finally, the Court of Appeals rejected the School District's argument that, incident to its responsibility for the school curriculum, it had the power to control the language used to express ideas during a school-sponsored activity. No. 403 v. Fraser, ___ U.S. ___, 106 S.Ct. T.L.O., 469 U.S. 325, 340-342, 105 S.Ct. High school student Matthew Fraser was suspended from school in the Bethel School District in Washington for making a speech including sexual double entendres at a school assembly. The Court's reliance on the school's authority to prohibit "unanticipated conduct disruptive of the educational process," ante, at 686, is misplaced. 1780, 29 L.Ed.2d 284 (1971); the Court's opinion does not suggest otherwise.1 Moreover, despite the Court's characterizations, the language respondent used is far removed from the very narrow class of "obscene" speech which the Court has held is not protected by the First Amendment. New Jersey v. T. L. O., 469 U. S., at 340.

Cf.

The school disciplinary rule proscribing "obscene" language and the prespeech admonitions of teachers gave adequate warning to Fraser that his lewd speech could subject him to sanctions. Bethel School District No. 95-98 (1972) (Sens. Respondent brought suit against respondent alleging a, right to freedom of speech and sought both injunctive relief, and monetary damages. ( Log Out / 

The board made one last petition to the Supreme Court where the decision was made, by a vote of seven to two, that the Klan was permitted to display the cross at the public forum. The Court of Appeals set aside the Commission's determination, and we reversed, reinstating the Commission's citation of the station.

In contrast, "[i]n our Nation's legislative halls, where some of the most vigorous political debates in our society are carried on, there are rules prohibiting the use of expressions offensive to other participants in the debate." CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH.

Fraser served two days of his suspension, and was allowed to return to school on the third day. These cases recognize the obvious concern on the part of parents, and school authorities acting in loco parentis, to protect children—especially in a captive audience—from exposure to sexually explicit, indecent, or lewd speech.

His speech was filled with sexual references. And while it was not unreasonable for school officials to conclude that respondent's remarks were inappropriate for a school-sponsored assembly, the language respondent used does not even approach the sexually explicit speech regulated in Ginsberg v. New York, 390 U.S. 629, 88 S.Ct. It does not follow, however, that simply because the use of an offensive form of expression may not be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a public school.

( Log Out /  But these "fundamental values" must also take into account consideration of the sensibilities of others, and, in the case of a school, the sensibilities of fellow students. During the entire speech, respondent referred to his, candidate in terms of an elaborate, graphic, and explicit sexual metaphor.

The Court had earlier held, in Tinker v. Des Moines Independent School Board, that students do not shed their constitutional rights at the school gate. What the speech does contain is a sexual metaphor that may unquestionably be offensive to some listeners in some settings. 680-686.

Having read the full text of respondent's remarks, I find it difficult to believe that it is the same speech the Court describes. One teacher reported that on the day following the speech, she found it necessary to forgo a portion of the scheduled class lesson in order to discuss the speech with the class. v. Winn, Westside Community Board of Ed.


.

Tinker, supra. On the other hand, in a locker room or perhaps in a school corridor the metaphor in the speech might be regarded as rather routine comment. " Ante, at 680 (quoting Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506 (1969)). v. FRASER, A MINOR, ET AL. Fraser was suspended from school for three days as a result, was prohibited from speaking at his graduation ceremony, and his name was stricken from the ballot used to elect three graduation speakers. The court held that the school's sanctions violated the First Amendment, that the school's disruptive-conduct rule was unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment. .

734, 62 L.Ed.2d 731 (1980).

The First Amendment to the United States Constitution prevents the government from making laws which regulate an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. The District Court and Court of Appeals conscientiously applied Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969), and concluded that the School District had not demonstrated any disruption of the educational process.

Unlike the sanctions imposed on the students wearing armbands in Tinker, the penalties imposed in this case were unrelated to any political viewpoint. Matthew Fraser, a high school student, delivered a speech at a school assembly nominating a fellow student for student elective office.

P. 686. do [not] have limitless discretion to apply their own notions of indecency. The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's countervailing interest in teaching students the boundaries of socially appropriate behavior. High school student Matthew Fraser was suspended from school in the Bethel School District in Washington for making a speech including sexual dou If this be true, and if respondent's audience consisted almost entirely of young people with whom he conversed on a daily basis, can we—at this distance—confidently assert that he must have known that the school administration would punish him for delivering it? "Freedom of Speech." We found that the School District's actions violated Fraser's First Amendment rights and upheld the district court's judgment awarding Fraser damages. T.L.O., 469 U.S., at 340, 105 S.Ct., at 742.

403 ET AL.


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