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Bethel School District V. Fraser Case Summary

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In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
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I am in favor of the Petitioner in the name of Rebecca Friedrichs who supports the idea of overturning the precedent Abood v. Detroit Board Education where the Supreme Court ruled that public agency shop arrangements are constitutional. Public-sector agency shop arrangements aren’t completely incorrect in regards to the subject of having the right to represent since they do have the “legal duty to represent all workers” (“Supreme Court takes case on ‘fair share’ union fees,” 2015). It explains how they do have the constitutionality behind representation and also behind their practices (Abood v. Detroit Board Education) yet regarding their actions, it doesn’t mean that the ruling in Abood v. Detroit Board Education should’nt be overturned especially considering unions require nonmembers to pay “their fair share of fees” for bargaining costs despite the

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So fundamentally, the Court felt that the school district's discipline of Frasier did not abuse the Speech Clause of the First

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Justice Fortas explained the majority opinion of the Supreme Court in the case of Tinker v. Des Moines Independent Community School District. One of the main points Justice Fortas maintained was that the right of freedom of speech extends onto the school grounds. Fortas explained that wearing a black armband to school did not cause disruptions to the learning in the school and is a pure form of free speech that is protected in the Free Speech Clause of the First Amendment. Fortas continued to explain that the wearing of the black armbands to school is protected under the Fourteen Amendment. This amendment prevents interference in the liberties of teachers, students and parents.

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One example of freedom of expression being contested in a court of law was the Pickering v. Board of Education case Where the U.S. Supreme Court held that in the absence of proof of the teacher knowingly or recklessly making false statements, the teacher had a right to speak on issues of public importance without being terminated from his position.

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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.

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Facts of the Case: Earl versus the Board of Education was a Supreme Court case in 2002 where high school students and their parents disliked the action of The Student Activities Drug Testing Policy taking place in an Oklahoma School District. This policy required all middle and high school students who wanted to participate in any extracurricular activity like athletics, to take a mandatory urinary test for drugs before taking part in that activity. However, in this situation in Tecumseh, Oklahoma, the testing was only done for athletics. This was done by the Oklahoma Secondary Schools Activities Association (OSSAA). Specifically two Tecumseh High School students and their parents complained and brought suit, they believed this practice violated

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Fraser because both involve students’ First Amendment Rights. However, in Bethel School District v. Fraser, the Supreme Court ruled that Fraser’s school suspension was appropriate and nondiscriminatory because while the First Amendment guarantees free speech, Fraser imprudently and vulgarly spoke at a school assembly (Walsh, 2018). The Supreme Court determined, the role of schools is to teach socially appropriate behavior and speech. It is within the school’s sole discretion whether and how to punish such speech (Decker, 2014). This decision contradicted the political speech, which the Court had protected in Tinker v. Des Moines Independent Community School District in 1969.

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There have been tons of Supreme Court cases that have changed the lives of high schoolers and students everywhere- one of the most famous being the Tinker vs. Des Moines Independent School District case in 1969. There were three students, John Tinker, Mary Beth Tinker and Christopher Eckhardt, who decided to wear black armbands to show that they did not support the Vietnam War. The administrators of their school told them that the armbands needed to be removed because they were inappropriate, but they refused, and a huge court case started and they also got suspended from school. According to the students, their right to wear the armbands was protected under the First Amendment, which said that they were allowed freedom of speech and expression. After going through lots of courts, the Supreme Court took the case and agreed that the students were protected.

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For instance, the Supreme Court of Canada considered when to recognize a particular practice as a religious requirement. The decision then dealt with the appropriate method for accommodating religious practice in a multicultural society. The school board argued that it had to protect the safety of the rest of the students for the sake of infringing on one students rights. However, this court case provided importance, pointed to a minimum constitutional protection for freedom of religion that must be taken into account by the legislature and by administrative tribunals. In addition, safety concerns must be established for the infringement of a constitutional right to be justified.

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Jackson’s First Amendment right against school’s disruption, court should consider the nature of Mr. Jackson’s speech, by evaluating “manner, time, and place” in which speech occurred. Melzer v. Board of Education, 336 F.3d 185, 199 (2003). In Mr. Jackson’s case, it would be hard to argue that school had an interest in controlling Mr. Jackson’s freedom of speech. This is because the speech was held outside of school on a topic that was not related to Middleton High School. CT 4.

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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

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Justice Abe Fortas believes certain kinds of speech should not be prohibited within an educational setting .Hugo black argues that one should not demonstrate when he pleases and where he pleases. Justice Abe Fortes argues that certain kinds of speech should not be prohibited within an educational setting. In the story there was plenty of points one is ,” The prohibition of expression of one particular opinion….is not constitutionally permissible. ”(Paragraph 8)

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