ABSTRACT

In Bethel School District v. Fraser (1986), the US Supreme Court held that disciplining a student for making lewd remarks in a speech at a school assembly did not violate that student's right to free speech under the First Amendment. Matthew Fraser was a student at a public high school and presented a speech in a school assembly nominating a friend for a position in student government. He presented the theme of the speech using "elaborate, graphic, and explicit sexual metaphor." Fraser was suspended for three days and eliminated from the list of potential speakers for his high school graduation. His father brought a lawsuit on his behalf. Both the US District Court and the Ninth Circuit Court of Appeals held that Fraser's rights had been violated. Fraser stands for an important principle that is still fundamental to American jurisprudence in relationship to minors: The state has a compelling interest in protecting minors.