Legal Citation for Case: Bethel School District No. 403 Et Al. V. Fraser, a Minor, Et Al No. 84-1667; Supreme Court of the United States ; 478 U.S. 675; July 7, 1986, Decided Burger, C. J., Conveyed The Opinion Of The Court, In Which White, Powell, Rehnquist, And O’Connor, Jj, Joined. Brennan, J., Recorded An Opinion Agreeing In The Judgment. Blackmun, J., Agreed In The Result. Marshall, J., And Stevens, J., Recorded Disagreeing Opinions. Boss Justice Burger Conveyed the opinion of the Court. Description: Bethel School District v. Fraser began when a student, Matthew Fraser, at Bethel School, gave a designation speech to his schoolmates that the organization regarded inappropriate. This point was made clear even before Fraser gave the speech, as Frasier was told by two teachers that he presumably ought not to give the speech. Nonetheless, Fraser thought he could escape with the speech in light of the fact that it didn't actually contain any obscene words. Frasier was suspended for two days and was not permitted to talk at …show more content…
In a past Supreme Court case, Tinker v. Des Moines Independent Community School District, the Supreme Court asserted that a student does not shed their protected rights to freedom of speech or representation at the schoolhouse entryway. From this announcement one would imagine that Fraser would be free and clear. Notwithstanding, in Tinker, the issue within reach was challenge armbands. The armbands were an uninvolved presentation of statement that did not intrude on school, while Fraser's speech intruded on a couple of classes that were compelled to situated aside time to examine Fraser's speech. This made the court view Bethel School District v. Fraser as an exception to the Tinker test, or as an utmost to Tinker. So fundamentally, the Court felt that the school district's discipline of Frasier did not abuse the Speech Clause of the First
The case was handled at the school board level thus no legal action was necessary or needed. The case was handled at a level that no legal advice or counsel was needed in this case. If proceeded to that of a higher level then yes, it would been needed. d. Were there any culture, race, or gender present? If so, how?
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
The Tinker V. Des Moines had a huge impact on history and school districts. Des Moines was community school district. The Tinker’s were a family that attended it. There were two children from the Tinker family that attended Des Moines and they are John F. Tinker and his sister Mary B. Tinker. They were suspended for protesting.
Matthew Fraser gave a speech at an assembly in front of approximately 600 students. Their ages ranged from fourteen to eighteen year-olds. The speech he gave was to humor and convince the audience to vote for his friend for vice president of the student body. His speech contained sexual innuendos when he was comparing the candidates that were running for the position. In response to the speech, the Bethel School District suspended Matthew Fraser for 3 days and removed him from the list of candidates to be considered for graduation speaker.
New Jersey vs T.L.O By Kebdrew Lindeen In 1984, a 14-year-old female student in a New Jersey High School was found smoking with another student in the bathroom by a school staff member. The staff member brought the girls to the school administration. One of the students admitted to smoking, the other one T.L.O. wouldn’t admit she was smoking. The administrator accused T.L.O. of lying and searched her purse for proof.(United States Courts)
Is Watt justified in his recommending Ann's dismissal? Why or why not? Watt must allow Ann a procedural due process before dismissing her for her actions, "meaning that the state may not deprive any person of life, liberty, or property, without due process of law" (Essex, 2012, p. 203). Watt must also assure that both procedural and substantive requirements are met before dismissing Ann.
The 1988 case Hazelwood v. Kuhlmeier found that schools had the right to censor student press if it interferes with the school’s education. Hazelwood v. Kuhlmeier case was brought up when students in a Journalism II class at Hazelwood East High School published a final version of their school newspaper containing two articles
The judgement of this case was
Bethel School District will introduce a last recourse before the United States Supreme Court and have the Supreme Court justices delivered a controversial opinion about the exercise of the freedom of expression within American schools. Mainly, as noted before, the Bethel School District v Fraser case was related the right of freedom of expression as guaranteed by the First Amendment to the US Constitution, in its exercise and its limitation within the school boundaries. On July 1986, by a majority vote of 7 against 2, the United States Supreme Court delivered a determinant opinion that will put a limitation on the exercise of the freedom of speech at school. In that opinion, Chief Justice Warren Burger set up a new rule opening the door for a legal limitation of the freedom of speech at school.
The Tinker v. Des Moines Independent Community School District Supreme Court case helped to establish students’ First and Fourteenth Amendment rights. In the 1960s, many people disliked
The Supreme Courts and The Department both protect teacher’s freedom expressions in the classrooms. The Courts and the Department of Education do not want to develop a hostile atmosphere in classrooms for teachers, so they allow teachers to support freedom of expression about political matters, however this matter is a controversial topic for parents and educators. The political topics allow teachers to engage students in the political arena for the enrichment of community concerns (White, 2013, para. 1). Political topics help students to use their critical thinking skills about issues that discussed in our government and help students to consider how politics are used in our society today. The Courts implemented freedom of speech as a part
Most people think that all amendments are automatically given to everyone, but it was not always like that. The Tinker v. Des Moines case is about the First Amendment and how a group of students in 1965 were suspended from school because they were wearing black armbands in order to protest against the Vietnam War .What does the First Amendment have to do with wearing armbands? Well, The First Amendment is the right to free speech, religion, expression, opinion, and press. The First Amendment was created in order to give every human the freedom of choosing. The Supreme Court 's decision to side with the students changed the way students express themselves today.
According to a United States Supreme Court ruling, public schools have the ability to restrict students’ First Amendment rights. This became true in the Tinker v. Des Moines Independent Community School District Supreme Court case when Mary Beth Tinker, John Tinker, and Christopher Eckhart wore black arm bands to protest the Vietnam War. In order to understand Tinker v. Des Moines Supreme Court case one must establish the history, examine the case, and explain the impacts. During time of war in the 1960’s a case from a small town, Des Moines, Iowa, made its way to the highest court of the land, the Supreme Court.
if it was held at school of course they would be expelled. After listening to the case i believe that the court made a good
The New Jersey vs T.L.O. case is a controversial case that many people have different opinions about. This case led to many different opinions and thoughts about students privacy and rights at school. A New Jersey school district brought the case to the Supreme Court after the New Jersey Supreme Court ruled that the search planted on T.L.O. was against the Fourth Amendment. Well, actually the search was not against the Fourth Amendment. New Jersey’s search planted on T.L.O. was not against the Fourth Amendment.