1986: Bethel vs Fraser

In 1983, Matthew N. Fraser made a speech addressing the student body of Bethel High School, Washington. The speech was made at a voluntary assembly held during school hours as part of a school-sponsored educational program in self-government. Approximately 600 students attended, most of whom were 14-year-olds. Before delivering the speech, the student discussed it with several teachers, and two said he should not give it; however, he still did it anyway.

Fraser’s speech contained many sexual innuendos and graphic metaphors, including the quote, “he’s firm in his pants–he’s firm in his shirt.” The school administration later suspended Fraser after his speech, saying it was a violation of the school’s “disruptive conduct rule.”

Feeling like his First Amendment rights were violated, Fraser sued in court.

The district court sided with Fraser, but the school decided to appeal and take the case to the Supreme Court. In the trial, Fraser referenced Tinker vs. Des Moines, arguing that the school could not restrict his freedom of speech unless substantial disruption was caused. The school countered with the argument that they had a duty to protect younger students from explicit content.

Eventually, the Supreme Court ruled in favor of the school, agreeing that the school could correctly predict that Fraser’s speech would be disruptive and boundaries should be put in place regarding inappropriate content.

What this means for free speech: student speech doesn’t come without consequence, and schools have the right to prohibit speech that may be explicit or harassing.