Bethel School District No. v. Fraser (403 )

Prior to this case, the Supreme Court had granted students some rights enjoyed by adults. In Tinker v. Des Moines Independent Community School District (1969), the Court had ruled that three students could not be suspended for peacefully wearing black armbands (to protest U. S. involvement in the Vietnam War). Students are "persons" and thus are protected by the Fourteenth Amendment, which incorporates the First Amendment right to free speech.

Relying on the Tinker decision, the district court had held that Bethel High violated Matthew Fraser's First Amendment rights. The court also had concluded that the school's rules were vague and overbroad. In particular, removal from the graduation speaker list was not mentioned among possible punishments. Removing Fraser from the list thus violated the Fourteenth Amendment's due process clause.

The district court awarded Fraser damages and costs (amounting to $13,028). It also ordered that the school allow Fraser to speak at the graduation ceremonies. Elected graduation speaker by a write-in vote, Fraser did deliver the speech.

Again referring to the Tinker decision, the court of appeals affirmed the district court's judgement. The school district appealed to the Supreme Court.