Parties: Bethel Sch. Dist. v. Fraser
Date: 1986-07-07
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Paragraph: 14 - The marked distinction between the political "message" of the armbands in Tinker and the sexual content of respondent's speech in this case seems to have been given little weight by the Court of Appeals. In upholding the students' right to engage in a nondisruptive, passive expression of a political viewpoint in Tinker, this Court was careful to note that the case did "not concern speech or action that intrudes upon the work of the schools or the rights of other students." Id., at 508, 89 S.Ct., at 737.
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Paragraph: 19 - The First Amendment guarantees wide freedom in matters of adult public discourse. A sharply divided Court upheld the right to express an antidraft viewpoint in a public place, albeit in terms highly offensive to most citizens. See Cohen v. California, 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971). It does not follow, however, that simply because the use of an offensive form of expression may not be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a public school.
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Paragraph: 24 - The plurality opinion went on to reject the radio station's assertion of a First Amendment right to broadcast vulgarity
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Paragraph: 48 - The fact that the speech may not have been offensive to his audience—or that he honestly believed that it would be inoffensive does not mean that he had a constitutional right to deliver it. For the school—not the student—must prescribe the rules of conduct in an educational institution. But it does mean that he should not be disciplined for speaking frankly in a school assembly if he had no reason to anticipate punitive consequences.
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Paragraph: 20 - Surely it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse. Indeed, the N80* "fundamental values necessary to the maintenance of a democratic political system" disfavor the use of terms of debate highly offensive or highly threatening to others. Nothing in the Constitution prohibits the states from insisting that certain modes of expression are inappropriate and subject to sanctions. The inculcation of these values is truly the N81* "work of the schools."
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Paragraph: 60 - Justice Sutherland taught us that a N82* nuisance may be merely a right thing in the wrong place,—like a pig in the parlor instead of the barnyard." Euclid v. Ambler Realty Co., 272 U.S. 365, 388, 47 S.Ct. 114, 118, 71 L.Ed. 303 (1926). Vulgar language, like vulgar animals, may be acceptable in some contexts and intolerable in others. See FCC v. Pacifica Foundation, 438 U.S. 726, 750, 98 S.Ct. 3026, 3041, 57 L.Ed.2d 1073 (1978). Indeed, even ordinary, inoffensive speech may be wholly unacceptable in some settings.
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Paragraph: 45 - I believe a school faculty must regulate the content as well as the style of student speech in carrying out its educational mission. It does seem to me, however, that if a student is to be punished for using offensive speech, he is entitled to fair notice of the scope of the prohibition and the consequences of its violation. The interest in free speech protected by the First Amendment and the interest in fair procedure protected by the Due Process Clause of the Fourteenth Amendment combine to require this conclusion.
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Paragraph: 39 - The Court today reaffirms the unimpeachable proposition that students do not " N168* 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.' " Ante, at 680 (quoting Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 506, 89 S.Ct. 733, 736, 21 L.Ed.2d 731 (1969)). If respondent had given the same speech outside of the school environment, he could not have been penalized simply because government officials considered his language to be inappropriate, see Cohen v. California, 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971); the Court's opinion does not suggest otherwise. Moreover, despite the Court's characterizations, the language respondent used is far removed from the very narrow class of "obscene" speech which the Court has held is not protected by the First Amendment.
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