Supreme Court Case: Bethel School District 43 Vs. Fraser

[A student] may express his [or her] opinions, even on controversial subjects…if he [or she] does so without materially and substantially interfering with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others. But conduct by the student, in class or out of it, which for any reason – whether it stems from time, place, or type of behavior – materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional

Bethel School District v. Fraser 478 U.S. 675, involved the Bethel School District and a student named Matthew Fraser. The case dealt with freedom of speech in public schools. During a student government speech Fraser used inappropriate language that included sexual innuendos in order to nominate a fellow classmate. The speech created a rowdy audience of over 600 students. Fraser argued that the school violated his First Amendment rights when they suspended him for his endorsement of a fellow classmate. After being tried and appealed in the Ninth Circuit in 1984, the case found it’s was to the United States Supreme Court in 1986. The U.S. Supreme Court reversed the Court of Appeals decision and ruled that school officials did NOT violate Fraser’s

In summarizing the salient points of the Supreme Court case Elk Grove Unified School District v. Newdow, it had to do with the respondent’s father who sued candidates, including a school region, affirming that the school locale's approach requiring the recitation of the Pledge of Allegiance at his little girl's school damaged the First Amendment. The United States Court of Appeals for the Ninth Circuit found that the father had standing and decided for the father. Certiorari was conceded to audit the standing and First Amendment issues.

In Safford Arizona school on October 8th, officials strip-searched a 13-year-old girl after they received information from another student that the girl possessed "prescription strength" 400 mg ibuprofen and 200mg naproxen. While attending math, assistant principle Kerry Wilson entered the classroom and instructed Savanna Redding's to his office. Upon entering, she immediately noticed her planner placed on his desk. However, what she didn't recognize was the knife, cigarette and lighter that was contained inside it. Admitting the planner was hers, she explained to the assistant principle that she had lent the planner prior to her classmate, Marissa and had NO knowledge of what

In order to better interpret this scenario, we first need to look another case that resembles this scenario. The case related to this scenario, Pickering v. Board of Education (1983) upheld that teachers’ speech, just like that of any other citizen, is protected when the interest of the speech does not cause harm or create false statements. Overall, the

The evident was not shown to the effect of the school teacher statement regarding the school administration. But

One of the most important Supreme Court decision and ruling was that of Bown v Board of Education. This landmark Supreme Court decision ranks high among those which have promoted equal treatment and diversity, and it greatly impacted the future for African Americans because it laid the foundation for equal rights in education. The Supreme Court thus projected an issue in education which became a driving force that subsequently altered the economic, political, and social structure of this nation. This case was debated for nearly three years and decision was handed down by the Supreme Court in 1954. Essentially, the Brown decision ruled that segregated schools insured that African Americans would have an inferior education that would have an inferior education that would handicap thier ability to function in American society, and ordered that each state end segregated public schools "with all deliberate speed."

Throughout the years, many Amendments to the Constitution have been created. The first Ten Amendments, the Bill of Rights, were added to the Constitution in 1791. These Amendments guaranteed citizens certain privileges that the government could not take away. The First Amendment guarantees U.S. citizen’s five equally important rights. First, it gives us the freedom to criticize the government openly. Second, it prevents us from being forced to print only what the government wants in the newspaper. Third, the First Amendment inhibits the government from establishing an official religion. Fourth, it allows us to come together publicly or privately, in order to form political groups with different ideas. Finally, it allows citizens to ask the government to change by collecting signatures and petitioning. The Bill of Rights was added to the Constitution to protect our rights as U.S. citizens. In the court case Brentwood Academy v. Tennessee Secondary School Athletic Association, Brentwood Academy felt their rights were not protected and took legal action for infringement of the First Amendment. This long-standing court case had me asking the question, “Is it acceptable for high schools to recruit potential athletes?” The conflict between Brentwood Academy, a private school in Brentwood, Tennessee, and the TSSAA, an administration that oversees TN high school athletes, began in 1997. It all started when

The students spent a lot of time on the newspaper and were upset at the principal for taking the two articles out. They felt that censorship was a violation of their first amendment rights and they took the case to court. The Court disagreed with the students and said that if the school had a good reason to censor

Unquestionably, Morse et. al. v. Frederick (2006) argues “[…] the school punished Frederick without demonstrating that his speech threatened substantial disruption” (Morse et. al. v. Frederick, 2006, p. 1). This argument from Morse et. al. v. Frederick (2006) demonstrates that court recognized it was a First Amendment violation on the school. However, Morse et. al. v. Frederick (2006) provides the decision from the Supreme Court stating “[…]

A more recent case, J. S v. Bethlehem Area School (2000), is more relevant to the issues today. This court case involves a student who was expelled from the school for creating a website that included derogatory and threatening comments about members of the school’s administration. The Supreme Court ruled that the school’s actions were deemed justified due to evidence proving an obvious disruption of the school environment. In the courts closing arguments the following is stated, “Regrettably, in this day and age where school violence is becoming more commonplace, school officials are justified in taking very seriously threats against faculty and other students.”(Herbeck, 2010)

I tended to favor a loose interpretation of the laws for this case. Even though everyone is to allow to express their opinions, the restrictions were necessary. These restrictions were created to avoid mayhem within the student body which can lead to even more serious trouble.I honestly think the school was in no wrong because the school was doing like any other school would do by protecting their student’s rights. The school was just simply representing the interest of the majority. Newspaper are a way the students could have used to express their feelings

The court held that the 1st Amendment didn’t require schools to promote particular types of student speech. They held that high schools must set certain standards regarding speech and the school retained the right to refuse to sponsor speech that was considered inconsistent within the shared values of a civilized social order. They also said that editorial control over the content of speech is allowed if the school has a legitimate pedagogical concern for it.

On April 6,1983 Mathew Fraser gave a speech that helped nominate another classmate,in student government. However Mathews speech was considered inappropriate by faculty member and the assistant principal. His speech contained sexual references and innuendoes. That are not appropriate for the student body. As a result of the speech. Matthew was suspended three days. The first amendment gives everyone the freedom of speech. But does it apply to children,teens and students. Also does the first amendment prevent schools from disciplining the students. However it does not specifically stated in the amendments. For a situation like this.

Did the school practice the Due Process Clause of the Fourteenth Amendment that is relevant for these students