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Bethel School Dist. No. 403 v. Fraser (docket #: 84-1667) (1986)  [Findlaw]

Secondary Link Bethel School Dist. No. 403 v. Fraser  [Legal Information Institute]
Argument Date 03/03/1986
Decided 7/07/1986
Supreme Court Vote 7-2
IssueWhether school officials may prohibit a vulgar and lewd student speech at a student assembly even if the speech does not create a substantial disruption.
Case Summary & Additional Resources
Majority Opinion Burger, C.J.
Concurring Opinion Brennan, J. (concurring in judgment), & Blackmun, J. (concurring in result)
Dissenting Opinion Marshall, J. & Stevens, J.
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments (audio)  [Oyez]
-- edited transcript in Irons, Peter, editor, COURTS, KIDS, AND THE CONSTITUTION (2000), pp. 193-201
For Petitioner
William A. Coats

For Respondent
Jeffrey T. Haley

News Stories & Commentary
Hechinger, Fred, "Political Shift on 'Vulgar' Speech," New York Times, Jul. 15, 1986, C-1
"Court Backs School on Student's 'Vulgar' Speech," New York Times, Jul. 8, 1986, A-18
Marcus, Ruth, "Students' Rights Restricted; High Court Rules On 'Vulgar' Speech, Adult Bookstores Court Curbs Free Speech For Students," Washington Post, Jul. 7, 1986, A-1
Matthew Fraser speaks out on 15-year-old Supreme Court free-speech decision


Barron, Jerome & Dienes, C. Thomas, FIRST AMENDMENT LAW IN A NUTSHELL (3rd ed., 2004), pp. 331-340
Case Note, "Constitutional Protection for Student Speech in Public Schools," 55 University of Cincinnati Law Review 1349 (1987)
Chemerinsky, Erwin, "Students Do Leave Their First Amendment Rights at the Schoolhouse gates: What's Left of Tiner?," 48 Drake Law Review 527 (2000)
David Hudson, "Student Online Expression: What Do the Internet and MySpace Mean for Students' First Amendment Rights?" (Dec. 2006)

Dienes, Thomas & Connolly, Annemargaret, "When Students Speak: Judicial Review in the Academic Marketplace," 7 Yale J. L. & Policy Rev. 343 (1989)
First Amendment Schools, Overview

Hudson, David, "Student Expression in the Age of Columbine" (FAC First Report, Oct. 2005)

Saunders, Kevin, SAVING OUR CHILDREN FROM THE FIRST AMENDMENT (2003), pp. 190, 192-197, 238-240, 243-249

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