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. Historical Background of the Case: Jonathan: In the wake of the Tinker v. Des Moines decision …show more content…
Lopez, another court case in 1975, the Court found that public schools had to provide some adult due process rights to juveniles facing severe disciplinary action in school. Under the law, gave way to a new conception of "student citizen." Circumstances of the Case: Jonathan: On April 26, 1983, 17-year-old Matthew Fraser, a senior at Bethel High School in Bethel, Washington, spoke to a school assembly to nominate a classmate for vice president of the student government. Students were required either to attend the assembly or go to study hall. Before the assembly, Matthew consulted three teachers about a short speech he proposed to present. Two of the faculty said that he should not deliver the speech because it was inappropriate. Oliver: The text of the speech was filled with sexual references, although it contained no obscenities. On the day of the assembly, Fraser delivered the speech with enthusiasm and emphasis, and the faculty and student body were stunned. The speech was greeted by his classmates with hoots and cheers. Kuhlman, the candidate nominated by Matt Fraser, was elected by a wide margin. Constitutional Issues: Jonathan: The Court was asked to examine the 1st Amendment rights of …show more content…
He made a mockery out of an exercise in citizenship, shocked the school community, and exceeded the boundaries of appropriate speech for a school setting. The use of sexual references was hostile to the educational process. Speech is limited even for adults, and no one can claim that all high school students are adults. Therefore, schools must be provided with the means to discipline children who use offensive language. Fraser was not punished for the political nature of his speech, but rather for its sexual obscenity. Oliver: For Matthew Fraser: The 1st Amendment protections of citizens were especially designed for situations in which political speeches are made. The 1st Amendment guarantees freedom of speech. The Court, in Tinker v. Des Moines, 1969, made clear that "students do not abandon their Constitutional rights at the schoolhouse gate." Common speech forms are changing, and school authorities are often a generation or two behind these changes. The speech was not offensive to the great majority of students, nor would it turn anyone's head if heard in a public forum. Writing for the
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.
On April 26, 1983, Matthew N. Fraser (Respondent), a student at Bethel High School in Bethel, Washington, delivered a speech nominating a fellow student for student elective office. Approximately 600 High School students were in attendance, many of whom were 14 years old, the assembly was a part of a school sponsored educational program in self government. Students were required to either attend or go to study hall during the assembly. Prior to reciting the speech, Fraser sought guidance from two teachers, who both informed him that the speech may be seen as lewd and improper, as well as met with potentially severe repercussions. During his entire speech: I know a man who is firm — he’s firm in his pants, he’s firm in his shirt, his character is firm — but most… of all, his belief in you, the students of Bethel, is firm.
Marina Vinnichenko Term Paper: Court Case Gong Lum v. Rice Gong Lum v. Rice (1927) stands out as the case within which the U.S. Supreme Court explicitly extended the pernicious doctrine of “separate but equal”. In this case the issue was whether the state of Mississippi was required to provide a Chinese citizen equal protection of the law under the Fourteenth Amendment when he was taxed to pay for public education but was forced to send his daughter to a school for children of color. Mаrtha Lum, the child of the plаintiff of the case, was a citizen of the United States аnd a child of immigrants from China. She enrolled in and аttended the local public consolidated high school at the age of 9, but was told midway through her first day that
Gregg v. Georgia 1976 Constitutional Question: Is the death penalty constitutional, or is it a violation of his 8th and 14th amendment rights? Background Information: In 1976, a man named Gregg was tried and and found guilty for the murder of two people. After his trail he was sentenced to death.
The first amendment main purpose is to limit the power of the congress. It restricts them. The same limit however does not apply to us. We are allowed to express yourself without interference or constraint by the government but the government can limit both the content of speech and the ability to engage in speech as long as the government has a “substantial justification.”
Vindictive protectiveness is stopping students from learning anything in the four years or more that they spend in college. If they aren’t allowed to speak their mind there is no room for growth. The only thing they are learning is that speech should be under strict control by authorities. Thus teaching them that there really is no freedom of speech under the first
Instead of giving in to these students’ demands, universities should abandon restrictive speech codes and officially discourage trigger warnings. Universities should also prepare students for how to live in a world with potential offenses, an example of this is teaching them practices of cognitive behavioral therapy. A suggestion that I have for a future study is to teach students throughout high school the practices of cognitive behavioral therapy to help cope with emotionally discomforting subjects, as well as inform them that the real world will have no “trigger warnings” to help you through life. By doing this, it exposes people to the fact that reality doesn’t accommodate trigger warnings and cop outs due to emotional health reasons, and it gives them methods to combat these anxiety-inducing subjects to help them live their lives. These findings teach us that in life we will have to deal with discomforting people and opinions, but by knowing how to live
In 2007, after many appeals this case went on to the Supreme Court. On June 25th, 2007, the Supreme Court had a majority vote ruling for the principal and the school as they have the right to suspend a student who is demonstrating “pro-drug messages” which go against the school 's message (Morse). Frederick 's first amendment was not broken as his freedom of speech was limited at school. Marijuana at the time was an illegal substance, and due to that, Frederick was promoting something illegal.
We’re able to express our political beliefs without being fearful that we might get sent to jail. Without this amendment, we wouldn 't be able to speak up for ourselves against the government whenever we
Despite his above average reading, he suffered from a speech impediment. When he was called upon to read out loud in class, other students would make fun of him and laugh, resulting in a punch to the face. He was short-tempered and would get in fights often, which would get him sent to the principal’s office. Myers describes his encounters with many of his teachers, most of which despised him. Myers then focuses on how different times were compared to today.
“Using profanity was against school policy and having the book in the library made newly elected school board member, Larry McDonald, feel uncomfortable.”
The first Amendment guarantees that an American citizen has freedom of speech which is an very important key in this Amendment. This right gives citizens the authority to speak freely or makes speeches when ever. Without this not even the President could make political speeches. This allows citizens to stand up for what they
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)
In 1857 the court case of Dread Scott v. Stanford and in 1896 the case Plessy v. Ferguson were introduced into the Supreme Court. They showed people of color were not considered to be anything other than property; the whole majority had no regard for the feelings of another person. The notion of slavery was just coming to light in the United States. As time grew on, the slaves and former slaves were rightly becoming increasingly outraged. Through evaluating language of exclusion throughout both Dread Scott v. Stanford and Plessy v. Ferguson concurrently, anyone can recognize the effects of dehumanization negatively impacting members of the black community.
The Language Police, by Diane Ravitch, meticulously documents the authors search for solving the political mystery behind the unorthodox reasoning behind K-12 education. She always believed that textbooks were designed to help students gain beneficial information, and that tests were assessed on the knowledge from what they had learned throughout the year. Over many years, testing was reflected on a controversial language of screening and affairs that negatively were associated with all personable groups. What once had been commended had now developed far beyond the method of censorship. It was now, restricted as an approach for masking the reality of literal knowledge from students.