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Event Occurred
At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. -
Board of Education
In this speech he made several sexual references as well as other provocative references. Due to what he said during this speech the school board decided he would be suspended for two days. -
Taking Further Measures
His parent then appealed the schools actions and took it then to The Washington Supreme Court who agreed that his free speech rights had been violated. -
Taking it Even Further
After the school disagreed with the ruling of the Washington Court they appealed the case to The United States Supreme Court. -
Argument for Fraser
Fraser stated that he should not have been suspended nor punished in any way due to the fact that the First Amendment of the United States Constitution gave him freedom of speech which he did not have to shed at the school door. -
Argument for Bethel School District
The school stated that they are not denying the right to freedom of speech but simply enforcing the rules set by their school against foul language and sexual references within the school grounds. -
Judges Thoughts
Chief Justice Burger was quoted saying ¨The purpose of public education in America is to teach fundamental values,These fundamental values…must…include consideration of the political sensibilities of other students¨ -
The Decision
The Court ruled by a 7-2 margin that Frasers right to freedom of speech was not violated by the school disciplining him. ¨Burger conceded that the First Amendment might permit the use of an offensive form of expression by an adult making a political point, but "the same latitude of expression is not permitted to children in a public school." -
The Impact
This decision went against a previous case Tinker v. Des Moines Independent School Board, in which the court ruled against the School Board. That the students still had freedom of speech within the schools walls. -
Summary
When it comes to whether or not you have the complete freedom of speech in school, it simply depends on what is said and within what context.