Bethel School District vs Fraser Essay Example

This violation occurred due to a lack of specificity in the rule regarding removal as a consequence.

The court's ruling affirms that states have the power to consider certain forms of expression inappropriate and subject to punishment, even without any constitutional prohibition. In Tinker v. Des Moines Independent Community School District (1969), the court upheld students' rights to freedom of speech and expression while on school grounds. It was pointed out that if the same speech had occurred off campus, the student would not have been penalized for using language deemed unsuitable by government officials (Cohen v. California).

The court determined that the student's speech did not qualify as "obscene" speech, which is not protected by the First Amendment. This decision referenced previous cases such as Ginsberg v. New York (1968) and Roth v. United States (1981). Additionally, it concluded that the speech did not disrupt education. The school district lacked evidence to prove any disturbance caused by the speech in relation to education. The Court of Appeals for the Ninth Circuit supported this conclusion and emphasized that there were no school disciplinary rules prohibiting such speech.

Although the court of appeals did not discover any proof that students were truly offended by a sexual metaphor utilized in the speech, there remained a possibility for offense in specific circumstances. Consequently, the case was escalated to the Supreme Court where it was concluded that students' rights in public school vary from those of adults in different settings. The Supreme Court additionally deemed Fraser's speech offensive towards both teachers and students, particularly teenage girls.

The First Amendment gives school officials the authority to determine what speech is deemed vulgar and lewd,

which is important for fostering a productive learning environment and maintaining discipline for disruptive behavior. While school disciplinary rules do not need to be as comprehensive as criminal laws, they can still enforce disciplinary actions. In the 1974 case of Arnett v. Kennedy, the student had been duly warned about the potential consequences of his speech. The ruling by the Ninth Circuit Court of Appeals was subsequently overturned.