BETHEL SCHOOL DISTRICT v. FRASER

Legal Principle at Issue

Whether school officials may prohibit a vulgar and lewd student speech at a student assembly even if the speech does not create a substantial disruption.

Action

The Court held that the school district was “within its permissible authority in imposing sanctions upon Fraser in response to his offensively lewd and indecent speech.”

Facts/Syllabus

On April 26, 1983, Matthew N. Fraser, a student at Bethel High School in Pierce County, Washington, delivered a speech nominating a fellow student for student elective office. The assembly was part of a school-sponsored educational program in self-government. Students who elected not to attend the assembly were required to report to study hall. During the entire speech, Fraser referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor. Prior to the assembly, several teachers warned the student against giving the speech because of the inappropriate content, and that his delivery of the speech might have "severe consequences."

A Bethel High School disciplinary rule prohibiting the use of obscene language in the school provides: "Conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures." The morning after the assembly, the Assistant Principal called Fraser into her office and notified him that the school considered his speech to have been a violation of this rule. Fraser was presented with copies of five letters submitted by teachers, describing his conduct at the assembly; he was given a chance to explain his conduct, and he admitted to having given the speech described and that he deliberately used sexual innuendo in the speech. Fraser was then informed that he would be suspended for three days, and that his name would be removed from the list of candidates for graduation speaker at the school's commencement exercises.

Fraser sought review of this disciplinary action through the School District's grievance procedures. The hearing officer determined that the speech given by respondent was "indecent, lewd, and offensive to the modesty and decency of many of the students and faculty in attendance at the assembly." The examiner determined that the speech fell within the ordinary meaning of "obscene," as used in the disruptive-conduct rule, and affirmed the discipline in its entirety. Fraser served two days of his suspension, and was allowed to return to school on the third day.

Fraser filed suit in federal district court, alleging a violation of his First Amendment right to freedom of speech and seeking injunctive relief and damages. The court held that the school's sanctions violated the First Amendment, that the school's disruptive conduct rule was unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment. The court awarded respondent monetary relief and enjoined the School District from preventing him from speaking at the commencement ceremonies. The United States Court of Appeals for the Ninth Circuit affirmed.

Importance of Case

The First Amendment does not proscribe a school district from disciplining a student because of their indecent and offensively lewd speech.