Bethel School District No. 403 v. Fraser

E179619

Bethel School District No. 403 v. Fraser is a 1986 U.S. Supreme Court case that held public schools may discipline students for lewd or indecent speech, distinguishing such expression from the protected political speech recognized in Tinker.

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Label Occurrences
Bethel School District No. 403 v. Fraser canonical 2

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Statements (45)

Predicate Object
instanceOf United States Supreme Court case
landmark student speech case
areaOfLaw First Amendment jurisprudence
constitutional law
education law
citation 478 U.S. 675
concurrenceBy Harry A. Blackmun
William J. Brennan Jr.
constitutionalProvision First Amendment to the United States Constitution
Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1986-07-07
decisionType reversal of lower court judgment
dissentBy Thurgood Marshall
distinguishedFrom Tinker v. Des Moines Independent Community School District
docketNumber 84-1667
effectOnLaw Narrowed the scope of student speech protection recognized in Tinker for lewd or indecent expression.
factPattern Discipline of a high school student for delivering a sexually suggestive speech at a school assembly.
holding Public schools may discipline students for lewd, indecent, or plainly offensive speech at school-sponsored events.
Student lewd or indecent speech is not entitled to the same level of First Amendment protection as political speech in schools.
The First Amendment does not prevent school officials from sanctioning a student for giving a sexually suggestive speech at a school assembly.
jurisdiction United States of America
surface form: United States
languageOfOpinion English
legalIssue First Amendment freedom of speech in public schools
student discipline for lewd or indecent speech
locationOfFacts Bethel High School, Pierce County, Washington
lowerCourt United States Court of Appeals for the Ninth Circuit
majorityJustices Antonin Scalia
Byron R. White
Lewis F. Powell Jr.
Sandra Day O’Connor
surface form: Sandra Day O'Connor

Warren E. Burger
William H. Rehnquist
majorityOpinionBy Warren E. Burger
petitioner Bethel School District No. 403
principle Schools may prohibit the use of vulgar and offensive terms in public discourse by students.
The constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings.
relatedCase Hazelwood School District v. Kuhlmeier
Morse v. Frederick
Tinker v. Des Moines Independent Community School District
respondent Matthew N. Fraser
subjectMatter public school discipline
student speech
yearArgued 1986

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Tinker v. Des Moines Independent Community School District relatedCase Bethel School District No. 403 v. Fraser
Morse v. Frederick relatedPrecedent Bethel School District No. 403 v. Fraser