Protecting A School's Interest in Value Inculcation to the Detriment of Students' Free Expression Rights: Bethel School District v. Fraser

Section one of this casenote will review the background of students' constitutional rights. After first exploring a judicial view of the role of public schools, this casenote will examine school officials' authority to pursue educational goals and the effect of this authority on students' constitutional rights. The casenote will then review the history of students' free expression rights, focusing primarily on the Tinker concepts of substantial disruption and invasion of rights. Section one will end with an examination of categorical proscriptions on student speech. Section two will review the majority's reasoning, along with Justice Brennan's concurrence and Justices Marshall's and Stevens' dissents.

After analyzing Fraser's speech in light of the various justifications upon which school officials rely to regulate student expression, section three will criticize the Fraser Court's dramatic extension of Tinker. Finally, this casenote will predict the likely chilling effect that Fraser will create and suggest that the Court narrow the Fraser precedent by returning to a traditional interpretation of students' rights in the upcoming case of Kuhlmeier v. Hazelwood School District.