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Benthel
School District No. 403 v. Fraser
478 U.S. 675 (1986)
Author: DK
Facts: A student
delivered an inappropriate speech during a school assembly.
The speech was full of terms with elaborate, graphic, and sexual
content. Student was suspended and was removed from the
commencement speakers list.
Issue: Did the
actions of the school officials violate ?’s 1st
Amendment rights?
Holding: No
Rationale:
This case differs from Tinker because in Tinker the students were
involved in silent, passive opposition and in this case, the
student’s speech caused disturbance. In Tinker, the
Court clearly stated that the holding in that case did not
concern speech or action that intrudes upon the work of the
schools or the rights of other students.
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