Bethel V Fraser

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Supreme Court Cases Project Nicholas Schultz Block: 2 Case name and issue: Bethel V. Fraser; On April 26, 1983, Mathew N. Fraser, a student at Bethel High School in pierce county, Washington, delivered a speech nominating a fellow student for student elective office. Around 600 students attended the assembly. During the entire speech, Fraser spoke of his candidate in very explicit and in a graphic sexual way. Lower court verdict: The district court ruled that Fraser had his First Amendment violated. The district court said this because the school’s disruptive conduct rule was vague and did not specifically say what and what was not disruptive. Also the court said that removing Frasers name from the graduation speaker’s list violated the Fourteenth Amendment because Bethel Highs disciplinary rule never said that violating their disruptive conduct rule would result in the removal of speaking at the ceremony. The district court then awarded Fraser $278 in damages, $12,750 in litigation costs and attorneys fees, and said that the school district could not prevent Fraser from speaking at the commencement ceremonies. The school then took the case to the court of appeals in which they upheld the District Courts decision. They upheld the district courts ruling because it said under the Tinker V. Des Moines schools couldn’t punish a student for speech unless it disrupts education. Fraser’s speech never did interrupt the students learning in any way, so the school could not punish him. Bethel High disagreed and took the case to the U.S. Supreme Court. Petition before the Supreme Court: Bethel High School claims that the district court and the court of appeals rulings were wrong. The school claims that Fraser should have to take under the schools disciplinary actions because what he said in his speech was not only vulgar but also offensive. Fraser claims that he

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