Bethel School District No. v. Fraser (403 ) - Jeff Held Firm Convictions, Harsh Punishments For "obscene" Language, Students Are Persons Too

court petitioner authorities william

Petitioner

Bethel School District in Pierce County, Washington State

Respondent

Matthew Fraser, a student at Bethel High School

Petitioner's Claim

School authorities should be permitted to discipline students that use language those authorities consider offensive.

Chief Lawyers for Petitioner

William A. Coats, Clifford D. Foster, Jr.

Chief Lawyers for Respondent

Jeffrey T. Haley and Charles S. Sims

Justices for the Court

Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), Sandra Day O'Connor, Lewis F. Powell, Jr., William H. Rehnquist, Byron R. White

Justices Dissenting

Thurgood Marshall, John Paul Stevens

Place

Washington, D.C.

Date of Decision

7 July 1986

Decision

The First Amendment did not prevent school authorities from disciplining Matthew Fraser for giving an "offensively lewd and indecent speech." School disciplinary codes only have to describe offenses in general terms; they need not be as detailed as a criminal code, which imposes harsh punishments.

Significance

Bethel was only the second case dealing with the legal rights of students. The Court ruled that students do not enjoy the full protection accorded to adults. Schools may limit student speech both to prevent disruption and also to instill fundamental values.

Related Cases

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

Sources

Epstein, Lee, and Thomas G. Walker. Constitutional Law for a Changing America: Rights, Liberties, and Justice. Washington, DC: Congressional Quarterly Press, 1995.

Additional Topics

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In reversing the lower courts, the justices ruled that the school district had the authority to punish Fraser. Joined by four others, Chief Justice Burger wrote the opinion of the Court. Justices Blackmun and Brennan concurred with the decision, but Brennan filed a separate opinion. Justices Marshall and Stevens filed dissenting opinions. Burger declared that adults enjoy wide freedom in public di…

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Justice Brennan concurred with the majority's decision. However, he wrote a separate opinion that placed more limits on a school board's authority. Brennan stated that his colleagues grossly exaggerated in describing Fraser's remarks as "obscene," "vulgar," and "lewd." Having read the full text, Brennan found it "difficult to believe that it is the same speech the Court describes" The language Fra…

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