Bethel School District v. Fraser

The First Amendment to the United States Constitution protects the freedom of speech. In Tinker v. Des Moines Independent Community School District (1969), the Court held that speech made by students in public schools is protected by the First Amendment unless the school causes a "substantial disruption" to the learning environment.[1]

Bethel High School in Spanaway, Washington, where the incident took place

On April 26, 1983, an assembly was held at Bethel High School in Spanaway, Washington for student council elections to take place. Students were required to either attend the assembly or report to study hall.[2] At the assembly, Matthew Fraser, a 17-year-old senior, gave a speech nominating a classmate for student council vice president.[3] To an audience of about 600 students and teachers, Fraser delivered the following speech:

I know a man who is firm – he's firm in his pants, he's firm in his shirt, his character is firm – but most . . . of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts – he drives hard, pushing and pushing until finally – he succeeds. Jeff is a man who will go to the very end – even the climax, for each and every one of you. So vote for Jeff for A. S. B. vice-president – he'll never come between you and the best our high school can be.[4]

It took Fraser about one minute to deliver the speech.[5] As he delivered it, several students in the audience "hooted and yelled" while others appeared "bewildered and embarrassed".[6] Fraser's candidate, Jeff Kuhlman, ultimately won the election with 90 percent of the vote.[7]

While the speech was not outwardly obscene, Fraser described Kuhlman "through the use of sexual metaphor and double entendre", which many observers found offensive.[8] Prior to the assembly, two of Fraser's teachers warned him that the speech was inappropriate and that he "probably should not deliver it" because doing so could have "severe consequences",[9] though they did not suggest that delivering it would violate school rules.[8] The morning after the assembly, Fraser was called to the office, where the Assistant Principal informed him that his speech violated a school rule against "disruptive-conduct", which prohibited the use of "obscene, profane language or gestures".[10] Fraser admitted to deliberately using sexual innuendo in his speech.[11]

Fraser was suspended for three days (though he returned after two), and his name was removed from the pool of eligible graduation speakers. After appealing through the grievance procedures of his school, he was still found to be in violation of several school policies against disruptive behavior and the use of vulgar and offensive speech. These grounds later evolved to include obscenity at trial, but obscenity, according to Fraser, was not listed as grounds for his punishment in his initial hearing with school vice-principal Christy Blair. Despite his ban, Fraser was selected as a graduation speaker by a write-in vote which placed him second overall among the top three finishers, although Bethel High School administrators refused to accept the write-in vote as a valid result, and continued to deny Fraser the opportunity to speak at graduation.

With approval from his parents and help from American Civil Liberties Union cooperating attorney Jeff Haley, Fraser filed a lawsuit against the school authorities claiming a violation of his First Amendment right to free speech.

United States District Court judge Jack Tanner ruled in his favor.

The school district then appealed to the Ninth Circuit Court of Appeals, which again ruled in Fraser's favor. The school district asked the U.S. Supreme Court to consider the case. The Supreme Court granted certiorari on October 8, 1985.[12]