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Board Of Education Vs. Fraser: Freedom Of Speech In Schools

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The First Amendment in the United States was created in 1789. Within the First Amendment is the right of religion, freedom of speech, the press, right of the people to assemble, and for people to petition the Government. Freedom of speech is linked with the freedom of religion, the press, and for the right to assemble because all of those activities involve speech in some sort of way. In the United States constitution freedom of speech was established in 1791. Freedom of speech is very controversial, therefore many Supreme Court cases have been formed over the years. The West Virginia State Board of Education v. Barnette was a Supreme Court case in 1943 involving the students to salute to the United States flag. The West Virginia Board of …show more content…

Fraser was a Supreme Court case in 1986 involving whether or not the First Amendment prevents schools from getting a high school student at an assembly in trouble for giving a speech that is offensive in any sexual way. At aa school, a student known as Matthew Fraser gave a speech to nominate one of the students that went to that school for elective office. As Fraser gave a speech, members of the audience felt that he was using graphically sexual metaphors. The school didn’t tolerate this so they prohibited his use of offensive language and suspended Fraser from school for two days. The Supreme Court agreed with the Bethel School District and concluded that it was appropriate for the school to commit the actions they used against Fraser (Bethel Sch. Dist. v. Fraser, …show more content…

Due to all the Supreme Court cases there have been over the years, what is free speech and what isn’t has evolved into laws. Freedom of speech includes the right to not speak, for students to share constitutional rights at school, use certain offensive words for political messages, contribute money with special regulations to political campaigns, advertise with some restrictions, and to engage in symbolic speech. Although freedom of speech has its dos, it in addition has its don’ts which includes threatening verbal language to others, distributing obscene materials, burning draft cards, for students to print articles in their school newspaper over the disagreement of the administration, making obscene speeches and promoting illegal drugs at sponsored and school events. In conclusion, you are allowed to voice your opinion as long as it doesn’t promote or involve crime ("What Does Free Speech

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This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

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The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.

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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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Bethel School District v Fraser is a pivotal case heard by the United States Supreme Court in 1986. Broadly, the case involved the freedom of speech provided by the First Amendment to the US Constitution, its exercise and its limitation within the boundaries of a public school. The whole matter started during a school meeting organized by the Bethel School District (high school) in Washington State . On the 26th April of 1983, a student by the name of Matthew Fraser, 18 years old, gave a nomination speech to support the candidacy of one of his friend Jeff Kuhlman. The later, was seeking an elected position within the school student government board.

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The First Amendment rights of Alex were violated because the school went against his belief of religion and did not allow him to express it. The school administrator tampered with Alex’s First Amendment rights. Quoting from the Bill of Rights, “Congress shall make no law respecting an establishment of religion, or

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The plaintiffs in the case, Brandon’s parents, were suing based on the school failing to handle harassment at the school. More claims of wrongful death because of negligence and discrimination against Brandon’s disabilities were a part of the case, as well as suing parents for harassment and emotional distress. The Myers had claimed that the staff members were fostering a system where bullying was being able to thrive in the school and have no consequence, which still seemed to be the case when the life threatening notes were given to the school and no direct action was being taken for the victim. This also includes how the district officials, along with the employees, had kept the evidence and destroyed it to essentially keep the school protected. In March of 2010, the plaintiff’s Rehabilitation Act claim was dismissed in favor of the defendants, but kept all other respects in the case.

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West Virginia State Board of Education v. Barnette is a Supreme Court case related to civil liberties whose ruling answered the question, "Is a compulsory flag-salute for public schoolchildren a violation of the First Amendment?" According to a precedent case (Minersville School District v. Gobitis) with the exact same circumstances as the Barnette case, there is no violation. However, the Supreme Court completely reverses the Gobitis ruling through the Barnette ruling. In 1942, the West Virginia State Board of Education enacted a rule after the decision on the Gobitis case, requiring students to salute the flag; refusal to do so was treated as insubordination and was punishable by expulsion and charges of delinquency.

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