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Jonathan And Oliver Case Study

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Jonathan/Oliver: Bethel School District No. 403 v. Fraser Jonathan: Petitioners: Bethel School District Jonathan: Respondents: Matthew N. Fraser Oliver: Petitioners’ Claim: That punishing Fraser for using offensive language in high school assembly speech did not violate the freedom of speech Oliver: Bethel School District v. Fraser was a United States Supreme Court decision involving free speech in public. Parties of the Case: Bethel School District / Matthew Fraser Oliver: The Bethel School District has an estimated enrollment of over 18,000 students. Jonathan: Matthew Fraser is a 17-year-old senior who attends Bethel High School in Washington. Historical Background of the Case: Jonathan: In the wake of the Tinker v. Des Moines decision …show more content…

Lopez, another court case in 1975, the Court found that public schools had to provide some adult due process rights to juveniles facing severe disciplinary action in school. Under the law, gave way to a new conception of "student citizen." Circumstances of the Case: Jonathan: On April 26, 1983, 17-year-old Matthew Fraser, a senior at Bethel High School in Bethel, Washington, spoke to a school assembly to nominate a classmate for vice president of the student government. Students were required either to attend the assembly or go to study hall. Before the assembly, Matthew consulted three teachers about a short speech he proposed to present. Two of the faculty said that he should not deliver the speech because it was inappropriate. Oliver: The text of the speech was filled with sexual references, although it contained no obscenities. On the day of the assembly, Fraser delivered the speech with enthusiasm and emphasis, and the faculty and student body were stunned. The speech was greeted by his classmates with hoots and cheers. Kuhlman, the candidate nominated by Matt Fraser, was elected by a wide margin. Constitutional Issues: Jonathan: The Court was asked to examine the 1st Amendment rights of …show more content…

He made a mockery out of an exercise in citizenship, shocked the school community, and exceeded the boundaries of appropriate speech for a school setting. The use of sexual references was hostile to the educational process. Speech is limited even for adults, and no one can claim that all high school students are adults. Therefore, schools must be provided with the means to discipline children who use offensive language. Fraser was not punished for the political nature of his speech, but rather for its sexual obscenity. Oliver: For Matthew Fraser: The 1st Amendment protections of citizens were especially designed for situations in which political speeches are made. The 1st Amendment guarantees freedom of speech. The Court, in Tinker v. Des Moines, 1969, made clear that "students do not abandon their Constitutional rights at the schoolhouse gate." Common speech forms are changing, and school authorities are often a generation or two behind these changes. The speech was not offensive to the great majority of students, nor would it turn anyone's head if heard in a public forum. Writing for the

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