The First Amendment is being examined in the case of theBethel School District and the Fraser school district.

There is a school district in the area.One of the most important First Amendment precedents in the public school context is the Court's decision in 403 v. Fraser, 478 U.S.Matthew N. Fraser was disciplined by school officials for delivering a speech that contained sexual references.His suspension was upheld by the Supreme Court.The valedictorian gave a speech at a high school graduation.The image is from Wikimedia Commons.

The Supreme Court decided in 1986 that public school officials can prohibit student speech that is lewd or offensive.In 1969 and 1988 there were two cases of the Des Moines Independent Community School District.One of the most important First Amendment precedents in the public school context is 403 v. Fraser.

Matthew N. Fraser was disciplined by school officials for delivering a speech that contained sexual references.The student nominated by Fraser for the student elective office was referred to as "firm in his pants" in Fraser's speech.

He sued after he was suspended.Fraser was found to have had his First Amendment rights violated by school officials.Fraser was able to deliver his high school graduation address due to the actions of the lower court.

The school was successful in their appeal to the Supreme Court.The Chief Justice wrote the majority opinion.Fraser claimed that he had a First Amendment right to political speech under the principles of Tinker, which protects the vast majority of student speech that does not create a substantial disruption.School officials argued that they had a duty to protect younger students from inappropriate and sexual speech.

School officials were supported by the Court.There was a marked difference between the political speech and the sexual speech.Burger wrote that the freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's interest in teaching students the boundaries of socially appropriate behavior.Justice William J. Brennan Jr. wrote that school officials could discipline Fraser because they could reasonably forecast that his speech would be disruptive.

John Paul Stevens and Thurgood Marshall dissented.School officials didn't present evidence that Fraser's speech was disruptive.Stevens began his dissent by quoting the famous line from Gone With the Wind, "My dear, I don't give a damn."This conclusion is required because of the interest in free speech protected by the First Amendment and the Due Process Clause.

The decision allows school officials to punish students for lewd and profane expression.The Fraser case shows that some lower courts can prohibit the display of Confederate flag clothing because it is offensive.

David L. Hudson, Jr. publishes widely on First Amendment topics.He is the author of a 12-lecture audio course on the First Amendment.The First Amendment: Freedom of Speech is one of the books he has written.The article was published in 2009.