Bethel School District No. 403 v. Fraser (1985)

Docket
84-1667
Decided
1985-01-01

Summary

Question: Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? Conclusion: No. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. Chief Justice Burger distinguished between political speech which the Court previously had protected in Tinker v. Des Moines Independent Community School District (1969) and the supposed sexual content of Fraser's message at the assembly. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."

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