What is the Fraser standard?

Fraser, 478 U.S. 675 (1986), in which the Court decided that public school officials can prohibit student speech that is vulgar, lewd, or plainly offensive, remains one of most important First Amendment precedents in the public school context.

What is the Tinker standard?

Byars (5th Cir. 1966), Fortas articulated what has come to be known as the Tinker standard—school officials cannot censor student expression unless they can reasonably predict that the expression will create a substantial disruption or material interference in school activities or invade the rights of others.

What's the difference between the Tinker standard and Fraser standard as they relate to students free speech?

Under the Fraser standard, school officials look not merely to the reasonable risk of disruption—the Tinker standard—but would also balance the freedom of a student's speech rights against the school's interest in teaching students the boundaries of socially appropriate behavior.

What did Bethel vs Fraser say?

403 v. Fraser, legal case in which the U.S. Supreme Court on July 7, 1986, ruled (7–2) that school officials did not violate a student's free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly.

What is the Fraser test?

A Fraser clinician meets with you and your child to ask questions, observe behavior, review medical information and conduct testing. The evaluations give us a picture of a child's cognitive abilities and his or her level of social, emotional and academic ability.

2020 | Strength in Depth | Mat Fraser | Event 2 'The Standard'

What are Fraser Institute rankings based on?

The Fraser Institute ranks schools using objective, publicly-available data such as average scores on province-wide tests. Rankings are done for Alberta Elementary and High Schools, British Columbia Elementary and Secondary Schools, Ontario Elementary and Secondary Schools, and Quebec Secondary Schools.

Why is Bethel v Fraser important?

By David L. Hudson Jr. This 1986 Supreme Court decision put forth the principle that public school officials can prohibit student speech that is vulgar, lewd, or plainly offensive.

What did Fraser say in his speech?

Matthew Fraser speech. government office: "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.

Who was involved in the Bethel School District v Fraser case?

Fraser, a student at Bethel High School in Pierce County, Washington, delivered a speech nominating a fellow student for student elective office. Approximately 600 high school students, many of whom were 14-year-olds, attended the assembly. Students were required to attend the assembly or to report to the study hall.

How did the Court distinguish between the Tinker case and the Fraser case?

Fraser protested his punishment, stating that it violated the precedent established by Tinker. The Court distinguished between “political” speech that is protected under Tinker and “vulgar” speech during a school-sponsored event.

Why is the Tinker standard important?

Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools. Mary Beth Tinker was a 13-year-old junior high school student in December 1965 when she and a group of students decided to wear black armbands to school to protest the war in Vietnam.

What are the two requirements of the Tinker test?

The test, as set forth in the Tinker opinion, asks the question: Did the speech or expression of the student "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school?" The case holds that to justify suppression of speech, school officials would need to show ...

Does the Tinker test apply to all student speech?

Those can all involve student speech, but students speaking through those mechanisms can appear to have their school's blessing, so schools have authority to regulate their content.

What's the Tinker test?

The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights.

What is the substantial disruption standard?

The substantial disruption test is the major standard developed by the U.S. Supreme Court in its seminal student speech K-12 decision Tinker v. Des Moines Independent Community School District (1969) meant to determine when public school officials may discipline students for their expression.

What does 393 U.S. 503 mean?

393 U.S. 503

Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands.

What are two landmark cases that have greatly affected students First Amendment rights?

Why was the students speech not protected under the 1st Amendment?

The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action". In the early 20th century, incitement was determined by the "clear and present danger" standard established in Schenck v.

What does the 478 indicate in the following citation Bethel School District v Fraser 478 U.S. 675 1986?

Fraser, 478 U.S. 675 (1986) Public schools have the right to discipline a student for giving a speech at a school assembly that is indecent, although not obscene.

How old was Matthew Fraser when he gave the speech?

Matthew Fraser was a 17-year-old high school senior in a farming town near Tacoma, Wash., in April 1983 when he gave a one-minute speech that he thought would grab students' attention.

What is the meaning prior restraint?

Definition. In First Amendment law, prior restraint is government action that prohibits speech or other expression before the speech happens. .

Who won Tinker vs Des Moines?

Decision: In 1969 the United States Supreme Court ruled in a 7-2 decision in favor of the students. The high court agreed that students' free rights should be protected and said, "Students don't shed their constitutional rights at the school house gates."

What Amendment is freedom of speech?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Why is the Morse v Frederick case significant?

In Morse v. Frederick, 551 U.S. 393 (2007), often referred to as the “Bong Hits 4 Jesus” case, the Supreme Court ruled that it is not a denial of the First Amendment right to free speech for public school officials to censor student speech that they reasonably believe encourages illegal drug use.

How accurate is the Fraser ranking?

The rankings dramatically distort relatively small differences in exam marks, with the result that some schools appear to perform far worse than they actually do. Schools that are separated by over 200 positions in the rankings have less than a 10% difference in their average exam marks.