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Bethel School District No. v. Fraser (403 )

Student Free Speech



The U.S. Supreme Court generally recognizes more limitations to a student's First Amendment rights than it does to an adult's. However, a student's constitutional rights to freedom of speech and expression are not left at the schoolhouse door. They cannot be punished for expressing personal views in the cafeteria, playing fields, classrooms, or halls unless school staff has reason to believe the educational process has been disrupted or other students' rights infringed. Yet, the Court recognizes that when considering First Amendment rights, the special characteristics of a school's environment must be considered. Justice Byron R. White succinctly wrote, " A school need not tolerate student speech that is inconsistent with its basic educational mission." For example, speech advocating drug use or irresponsible sex would be inappropriate.



Determining if speech is contrary to basic school values rests with the schoolboard, not the federal courts. School-sponsored publications, performing arts productions, and other forms of expression produced by students must teach the lesson intended and be at an appropriate maturity level. To accomplish their educational goals, educators can require a higher standard of speech than might be demanded outside the school setting.

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Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Bethel School District No. v. Fraser (403 ) - Jeff Held Firm Convictions, Harsh Punishments For "obscene" Language, Students Are Persons Too