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What did Bethel v Fraser establish?

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 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. Jeff Kuhlman is a man who takes his point and pounds it in.

What was the Tinker standard?

1. The Tinker Standard (Tinker v. Des Moines Independent School District, 1969) This is the first case to define acceptable student speech in schools. ... In order to ban potentially disruptive expression, schools must prove that the expression would cause a “reasonable” disruption or violate the rights of other students.

What is the difference between the Tinker standard and Fraser standard?

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.

Why is Bethel v Fraser a landmark case?

Fraser, 478 U.S. 675 (1986), was a landmark decision by the United States Supreme Court involving free speech in public schools. The Supreme Court held that his suspension did not violate his First Amendment right to freedom of speech. ...

image-What did Bethel v Fraser establish?
image-What did Bethel v Fraser establish?
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Did Matthew Fraser win his case?

A federal district court and federal appeals court ruled in Fraser's favor, finding that school officials violated his First Amendment rights. ... The school appealed to the U.S. Supreme Court and prevailed by a 7-2 vote. The majority opinion was authored by Chief Justice Warren E. Burger.

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How old was Matthew Fraser when he gave his speech?

* On April 26, 1983, appellee Matthew N. Fraser, then a seventeen-year-old senior at Bethel High School in Tacoma, Washington, nominated a friend and classmate for school office at a student-run assembly called for that purpose.

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What is the Tinker test?

The substantial disruption test is a criterion set forth by the United States Supreme Court, in the leading case of Tinker v. ... The test is used to determine whether an act by a U.S. public school official (State actor) has abridged a student's constitutionally protected First Amendment rights of free speech.

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What happened in the Tinker case?

Des Moines - Landmark Supreme Court Ruling on Behalf of Student Expression. Tinker v. Des Moines is a historic Supreme Court ruling from 1969 that cemented students' rights to free speech in public schools. ... The students were told they could not return to school until they agreed to remove their armbands.

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What was the outcome of the Tinker case in 1969?

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."

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Is the Tinker test still used today?

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.

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Who won Morse v Frederick?

In a 5-4 decision, the U.S. Supreme Court ruled that the First Amendment does not prevent school administrators from restricting student expression that reasonably is viewed as promoting the use of illegal drugs.

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When did Fraser give his speech?

On April 26, 1983, respondent Matthew N. Fraser, a student at Bethel High School in Pierce County, Washington, delivered a speech nominating a fellow student for student elective office.

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Are students protected by the First Amendment?

Public school students possess a range of free-expression rights under the First Amendment. ... The U.S. Supreme Court has said that students “do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.”

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