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Bethel School District V. Fraser Case Study

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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. Even though the Supreme Court recognized the validity of the Tinker v. Des Moines Independent Community District School’ ruling, however; the justices decided to draw a clear line between the minors and the adults concerning the full exercise of the right of freedom of expression. Simply put, the opinion ruled that the extension of the …show more content…

In 1988, two years after the Bethel School District v Fraser case, another public school petitioned the United States Supreme Court regarding an action of censorship decided by the school against the school student’s journal. Known as Hazelwood School District v. Kuhlmeier , this case will be analyzed by the US Supreme Court justices, mostly, in reference to the Bethel School District v Fraser case. The precedent of Bethel School District v Fraser case’s ruling has heavily weighted on Hazelwood School District v. Kuhlmeier case in a sense that, once again, the Court has decided to overturn a decision of a Court of Appeals, and pronounced a verdict in favor of the School District. In fine, the United States Supreme Court will rule that a school has a censorship power, which, it could fully and reasonably exercise against the freedom

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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).

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