Case Ruling
By what margin did the U.S. Supreme Court rule against Fraser?
A 7–2 majority vote in favor of the school district.
Does Fraser regret his speech?
No
I know a man who is firm-He's firm in his___, he's firm in his ____, his ____ is firm...
"Pants, shirt, character"
What does the first amendment protect?
protects freedom of religion, speech, the press, peaceful assembly, and the right to petition the government.
How many people were in the crowd when Fraser gave this speech?
What specific, graphic sexual metaphor did Matthew Fraser use in his nomination speech to describe his classmate (hint: it involved a tool/object and a firm resolution)?
He compared his candidate to a firm-bodied politician, stating, "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."
What was Fraser's speech initially purposed for?
nominating a classmate for Student Body Vice President
He'll take an issue and _____
"nail it to the wall"
Did Matthew Fraser attempt to use the First Amendment when suing?
Yes
How did Fraser's classmates react the next day?
They were ecstatic and he was a school hero for about 2 weeks even after the speech consequences.
Which federal circuit court of appeals ruled in favor of Fraser before the Supreme Court took up the case, and what reasoning did they use?
The Ninth Circuit Court of Appeals, which affirmed the district court's ruling by claiming Fraser’s speech was no different than the protected symbolic speech in Tinker v. Des Moines
How long was Fraser suspended?
Three days
“Jeff is a man who will go to the very end--___________________--for each and every one of you.
--"even to the climax"--
What is lewd, vulgar, or plainly offensive speech according to the first amendment?
sexual innuendos, cursing, etc.
Did Jeff Kulhman become ASB vice president?
Yes (90% vote btw)
Which famous 1969 student speech case did the Court distinguish Fraser from (pointing out that political armbands are different from lewd jokes)?
Tinker v. Des Moines
Was Fraser allowed to speak at his graduation?
NO!
"He doesn’t attack things in spurts, _______, pushing and pushing, until finally--_______."
"he drives hard"... "he succeeds"
How does the first amendment handle vulgar speech?
The U.S. Supreme Court ruled in Bethel School District v. Fraser (1986) that the First Amendment does not prevent public schools from disciplining students for delivering lewd, vulgar, or plainly offensive speech.
Exactly how long was the speech?
1 minute
Which Chief Justice or Associate Justice wrote the majority opinion for the Court?
Chief Justice Warren Burger.
What did Fraser later become?
A teacher
“So vote for Jeff for ASB vice president--______________________ and the best our high school can be.”
--"he’ll never come between you.."
When was the first amendment ratified?
1791
How old is Matthew Fraser now?
61 years old