bethel school dist fraser argued march decided july respondent public high school student hereafter respondent delivered speech nominating fellow student student elective office voluntary assembly held school hours part educational program attended approximately students many entire speech respondent referred candidate terms elaborate graphic explicit sexual metaphor students assembly hooted yelled speech mimicked sexual activities alluded speech others appeared bewildered embarrassed prior delivering speech respondent discussed several teachers two advised inappropriate given morning assembly assistant principal called respondent office notified school considered speech violation school rule prohibited conduct substantially interfered educational process including use obscene profane language gestures respondent given copies teacher reports conduct given chance explain conduct admitted deliberately used sexual innuendo speech informed suspended three days name removed list candidates graduation speaker school commencement exercises review disciplinary action petitioner school district grievance procedures resulted affirmance discipline respondent allowed return school serving two days suspension respondent father also respondent guardian ad litem filed suit federal district alleging violation first amendment right freedom speech seeking injunctive relief damages held school sanctions violated first amendment school rule unconstitutionally vague overbroad removal respondent name graduation speaker list violated due process clause fourteenth amendment awarded respondent monetary relief enjoined school district preventing speaking commencement ceremonies appeals affirmed held first amendment prevent school district disciplining respondent giving offensively lewd indecent speech assembly tinker des moines independent community school distinguished first amendment use offensive form expression may prohibited adults making speaker considers political point follow latitude must permitted children public school highly appropriate function public school education prohibit use vulgar offensive terms public discourse nothing constitution prohibits insisting certain modes expression inappropriate subject sanctions inculcation values truly work school determination manner speech inappropriate properly rests school board first amendment jurisprudence recognizes interest protecting minors exposure vulgar offensive spoken language fcc pacifica foundation well limitations otherwise absolute interest speaker reaching unlimited audience speech sexually explicit audience may include children ginsberg new york petitioner school district acted entirely within permissible authority imposing sanctions upon respondent response offensively lewd indecent speech claim first amendment protection pp merit respondent contention circumstances suspension violated due process way knowing delivery speech subject disciplinary sanctions given school need able impose disciplinary sanctions wide range unanticipated conduct disruptive educational process school disciplinary rules need detailed criminal code imposes criminal sanctions school disciplinary rule proscribing obscene language prespeech admonitions teachers gave adequate warning respondent lewd speech subject sanctions burger delivered opinion white powell rehnquist joined brennan filed opinion concurring judgment post blackmun concurred result marshall post stevens post filed dissenting opinions william coats argued cause petitioners briefs clifford foster jeffrey haley argued cause respondents brief charles sims briefs amici curiae urging reversal filed solicitor general fried assistant attorney general willard deputy solicitor general kuhl anthony steinmeyer robert zener pacific legal foundation et al ronald zumbrun john findley george nicholson texas council school attorneys jean powers david crump briefs amici curiae urging affirmance filed american booksellers association et al ronald coles freedom read foundation james klenk national education association michael simpson student press law center marc abrams gwendolyn gregory august steinhilber thomas shannon filed brief national school boards association amicus curiae chief justice burger delivered opinion granted certiorari decide whether first amendment prevents school district disciplining high school student giving lewd speech school assembly april respondent matthew fraser student bethel high school pierce county washington delivered speech nominating fellow student student elective office approximately high school students many attended assembly students required attend assembly report study hall assembly part educational program students elected attend assembly required report study hall entire speech fraser referred candidate terms elaborate graphic explicit sexual metaphor two fraser teachers discussed contents speech advance informed speech inappropriate probably deliver app delivery speech might severe consequences fraser delivery speech school counselor observed reaction students speech students hooted yelled gestures graphically simulated sexual activities pointedly alluded respondent speech students appeared bewildered embarrassed speech one teacher reported day following speech found necessary forgo portion scheduled class lesson order discuss speech class bethel high school disciplinary rule prohibiting use obscene language school provides conduct materially substantially interferes educational process prohibited including use obscene profane language gestures fraser sought review disciplinary action school district grievance procedures hearing officer determined speech given respondent indecent lewd offensive modesty decency many students faculty attendance assembly examiner determined speech fell within ordinary meaning obscene used rule affirmed discipline entirety fraser served two days suspension allowed return school third day respondent father guardian ad litem brought action district western district washington respondent alleged violation first amendment right freedom speech sought injunctive relief monetary damages district held school sanctions violated respondent right freedom speech first amendment constitution school rule unconstitutionally vague overbroad removal respondent name graduation speaker list violated due process clause fourteenth amendment disciplinary rule makes mention removal possible sanction district awarded respondent damages litigation costs attorney fees enjoined school district preventing respondent speaking commencement ceremonies respondent elected graduation speaker vote classmates delivered speech commencement ceremonies june appeals ninth circuit affirmed judgment district holding respondent speech indistinguishable protest armband tinker des moines independent community school explicitly rejected school district argument speech unlike passive conduct wearing black armband disruptive effect educational process appeals also rejected school district argument interest protecting essentially captive audience minors lewd indecent language setting sponsored school reasoning school district unbridled discretion determine discourse decent increase risk cementing white standards determining acceptable proper speech behavior public schools finally appeals rejected school district argument incident responsibility school curriculum power control language used express ideas activity granted certiorari reverse ii acknowledged tinker des moines independent community school supra students shed constitutional rights freedom speech expression schoolhouse gate appeals read case precluding discipline fraser indecent speech lewd conduct school assembly appears proceeded theory use lewd obscene speech order make speaker considered point nominating speech fellow student essentially wearing armband tinker form protest expression political position marked distinction political message armbands tinker sexual content respondent speech case seems given little weight appeals upholding students right engage nondisruptive passive expression political viewpoint tinker careful note case concern speech action intrudes upon work schools rights students background turn consider level first amendment protection accorded fraser utterances actions official high school assembly attended students iii role purpose american public school system well described two historians stated ublic education must prepare pupils citizenship republic must inculcate habits manners civility values conducive happiness indispensable practice community nation beard beard new basic history ambach norwick echoed essence statement objectives public education inculcat ion fundamental values necessary maintenance democratic political system fundamental values habits manners civility essential democratic society must course include tolerance divergent political religious views even views expressed may unpopular fundamental values must also take account consideration sensibilities others case school sensibilities fellow students undoubted freedom advocate unpopular controversial views schools classrooms must balanced society countervailing interest teaching students boundaries socially appropriate behavior even heated political discourse democratic society requires consideration personal sensibilities participants audiences nation legislative halls vigorous political debates society carried rules prohibiting use expressions offensive participants debate manual parliamentary practice drafted thomas jefferson adopted house representatives govern proceedings body prohibits use impertinent speech debate likewise provides person use indecent language proceedings house jefferson manual parliamentary practice reprinted manual rules house representatives doc pp see jefferson manual governs house cases applies rules debate applicable senate likewise provide senator may called order imputing improper motives another senator referring offensively state see senate procedure doc rule xix pp senators censured abusive language directed senators see senate election expulsion censure cases doc pp sens mclaurin tillman mccarthy proscribed halls congress beyond reach school officials regulate first amendment guarantees wide freedom matters adult public discourse sharply divided upheld right express antidraft viewpoint public place albeit terms highly offensive citizens see cohen california follow however simply use offensive form expression may prohibited adults making speaker considers political point latitude must permitted children public school new jersey reaffirmed constitutional rights students public school automatically coextensive rights adults settings cogently expressed judge newman first amendment gives high school student classroom right wear tinker armband cohen jacket thomas board education granville central school opinion concurring result surely highly appropriate function public school education prohibit use vulgar offensive terms public discourse indeed fundamental values necessary maintenance democratic political system disfavor use terms debate highly offensive highly threatening others nothing constitution prohibits insisting certain modes expression inappropriate subject sanctions inculcation values truly work schools tinker see ambach norwick supra determination manner speech classroom school assembly inappropriate properly rests school board process educating youth citizenship public schools confined books curriculum civics class schools must teach example shared values civilized social order consciously otherwise teachers indeed older students demonstrate appropriate form civil discourse political expression conduct deportment class inescapably like parents role models schools instruments state may determine essential lessons civil mature conduct conveyed school tolerates lewd indecent offensive speech conduct indulged confused boy pervasive sexual innuendo fraser speech plainly offensive teachers students indeed mature person glorifying male sexuality verbal content speech acutely insulting teenage girl students see app speech well seriously damaging less mature audience many years old threshold awareness human sexuality students reported bewildered speech reaction mimicry provoked first amendment jurisprudence acknowledged limitations otherwise absolute interest speaker reaching unlimited audience speech sexually explicit audience may include children ginsberg new york upheld new york statute banning sale sexually oriented material minors even though material question entitled first amendment protection respect adults addressing question whether first amendment places limit authority public schools remove books public school library members otherwise sharply divided acknowledged school board authority remove books vulgar board education pico plurality opinion blackmun concurring part judgment rehnquist dissenting cases recognize obvious concern part parents school authorities acting loco parentis protect children especially captive audience exposure sexually explicit indecent lewd speech also recognized interest protecting minors exposure vulgar offensive spoken language fcc pacifica foundation dealt power federal communications commission regulate radio broadcast described indecent obscene reviewed administrative condemnation radio broadcast humorist described performance words say public ah airwaves um ones definitely say ever see also appendix opinion commission concluded certain words depicted sexual excretory activities patently offensive manner noted broadcast time children undoubtedly audience commission issued order declaring radio station guilty broadcasting indecent language violation appeals set aside commission determination reversed reinstating commission citation station concluded broadcast properly considered obscene indecent profane within meaning statute plurality opinion went reject radio station assertion first amendment right broadcast vulgarity words offend reasons obscenity offends place hierarchy first amendment values aptly sketched justice murphy said uch utterances essential part exposition ideas slight social value step truth benefit may derived clearly outweighed social interest order morality chaplinsky new hampshire wish therefore disclaim purpose hold federal constitution compels teachers parents elected school officials surrender control american public school system public school students iv respondent contends circumstances suspension violated due process way knowing delivery speech question subject disciplinary sanctions argument wholly without merit recognized maintaining security order schools requires certain degree flexibility school disciplinary procedures respected value preserving informality relationship new jersey given school need able impose disciplinary sanctions wide range unanticipated conduct disruptive educational process school disciplinary rules need detailed criminal code imposes criminal sanctions cf arnett kennedy rehnquist concurring two days suspension school rise level penal sanction calling full panoply procedural due process protections applicable criminal prosecution cf goss lopez school disciplinary rule proscribing obscene language prespeech admonitions teachers gave adequate warning fraser lewd speech subject sanctions judgment appeals ninth circuit reversed petitioners also challenge ruling district removal fraser name ballot graduation speaker violated due process rights sanction indicated potential punishment school disciplinary rules agree appeals issue become moot since graduation ceremony long since passed fraser permitted speak accordance district injunction part damages award based upon removal fraser name list since damages based upon loss two days schooling justice brennan concurring judgment respondent gave following speech high school assembly support candidate student government office know man firm firm pants firm shirt character firm belief students bethel firm jeff kuhlman man takes point pounds necessary take issue nail wall attack things spurts drives hard pushing pushing finally succeeds jeff man go end even climax every one vote jeff never come best high school app today reaffirms unimpeachable proposition students shed constitutional rights freedom speech expression schoolhouse gate ante quoting tinker des moines independent community school respondent given speech outside school environment penalized simply government officials considered language inappropriate see cohen california opinion suggest otherwise moreover despite characterizations language respondent used far removed narrow class obscene speech held protected first amendment ginsberg new york roth true however state interests teaching high school students conduct civil effective public discourse avoiding disruption educational school activities thus holds certain circumstances high school students may properly reprimanded giving speech high school assembly school officials conclude disrupted school educational mission respondent speech may well protected given school different circumstances school legitimate interests teaching maintaining civil public discourse less weighty present case school officials sought ensure high school assembly proceed orderly manner suggestion school officials attempted regulate respondent speech disagreed views sought express cf tinker supra case involve attempt school officials ban written materials consider inappropriate high school students cf board education pico limit students hear read learn thus holding concerns authority school officials restrict high school student use disruptive language speech given high school assembly authority school officials regulate speech high school students limitless see thomas board education granville central school newman concurring result chool officials limitless discretion apply notions indecency courts first amendment responsibility insure robust rhetoric suppressed prudish failures distinguish vigorous vulgar circumstances case however believe school officials violate first amendment determining respondent disciplined disruptive language used addressing high school assembly thus concur judgment reversing decision appeals footnotes speculates speech insulting female students seriously damaging school officials legitimately suppress expression order protect groups ante evidence record students male female found speech insulting unreasonable school officials conclude respondent remarks inappropriate assembly language respondent used even approach sexually explicit speech regulated ginsberg new york indecent speech banned fcc pacifica foundation indeed mind respondent speech obscene lewd sexually explicit bulk programs currently appearing prime time television local cinema thus disagree suggestion school officials punish respondent speech need protect younger students respondent served two days suspension name removed list candidates graduation speaker school commencement exercises although eventually permitted speak graduation find punishment somewhat severe light nature respondent transgression conclude school officials exceeded bounds disciplinary authority justice marshall dissenting agree principles justice brennan sets opinion concurring judgment dissent decision however view school district failed demonstrate respondent remarks indeed disruptive district appeals conscientiously applied tinker des moines independent community school concluded school district demonstrated disruption educational process recognize school administration must given wide latitude determine forms conduct inconsistent school educational mission nevertheless speech involved may unquestioningly accept teacher administrator assertion certain pure speech interfered education school district despite clear opportunity failed bring evidence sufficient convince either two lower courts education bethel school disrupted respondent speech therefore see reason disturb appeals judgment justice stevens dissenting frankly dear give damn respondent outstanding young man fine academic record fact chosen student body speak school commencement exercises demonstrates respected peers fact relevant two reasons confirms conclusion discipline imposed suspension ineligibility speak school graduation exercises sufficiently serious justify invocation school district grievance procedures see goss lopez importantly indicates probably better position determine whether audience composed contemporaries offended use word sexual metaphor group judges least two generations miles away scene crime fact speech may offensive audience honestly believed inoffensive mean constitutional right deliver school student must prescribe rules conduct educational institution mean disciplined speaking frankly school assembly reason anticipate punitive consequences one might conclude respondent known punished giving speech three quite different theories violated disruptive conduct rule published student handbook specifically warned teachers impropriety obvious specific notice required discuss theory turn disciplinary rule time discipline imposed well defense lawsuit school took position respondent violated following published rule addition criminal acts defined commission participation certain noncriminal activities acts may lead disciplinary action generally acts disrupt interfere educational process disruptive conduct conduct materially substantially interferes educational process prohibited including use obscene profane language gestures record us yields evidence fraser use sexual innuendo speech materially interfered activities bethel high school students reaction fraser speech may fairly characterized boisterous hardly disruptive educational process words mccutcheon school counselor whose testimony district relies upon reaction student body atypical high school auditorium assembly view noisy response speech sexually suggestive movements three students crowd fail rise level material interference educational process justifies impinging upon fraser first amendment right express freely find significant although four teachers delivered written statements assistant principal commenting fraser speech none suggested speech disrupted assembly otherwise interfered school activities see finding fact finding material disruption based upon evidence speech proved lively topic conversation among students following day specific warning teachers respondent read speech three different teachers gave irene hicks told thought speech inappropriate probably deliver app steven dehart told respondent indeed cause problems raise eyebrows third teacher shawn madden testify none three suggested speech might violate school rule fact respondent reviewed text speech three different teachers gave indicate must aware possibility provoke adverse reaction teachers responses certainly give better notice likelihood discipline student handbook opinion therefore difficult question whether speech obviously offensive intelligent high school student must presumed realized punished giving obvious impropriety justice sutherland taught us nuisance may merely right thing wrong place like pig parlor instead barnyard euclid ambler realty vulgar language like vulgar animals may acceptable contexts intolerable others see fcc pacifica foundation indeed even ordinary inoffensive speech may wholly unacceptable settings see schenck pacifica supra seems fairly obvious respondent speech inappropriate certain classroom formal social settings hand locker room perhaps school corridor metaphor speech might regarded rather routine comment true respondent audience consisted almost entirely young people conversed daily basis distance confidently assert must known school administration punish delivering three reasons think first seems highly unlikely decided deliver speech known result suspension disqualification delivering school commencement address second believe strong presumption favor free expression apply whenever issue kind arguable third adopted policy applying contemporary community standards evaluating expression sexual connotations defer views district circuit judges much better position evaluate speech affirm judgment appeals every university resources limited educational institution must routinely make decisions concerning use time space available extracurricular activities judgment necessary appropriate decisions evaluate content proposed student activity think obvious example two groups students requested use room particular time one view mickey mouse cartoons rehearse amateur performance hamlet first amendment require room reserved group submitted application first see university establish compelling state interest defend decision permit one group use facility opinion university allowed decide whether program illuminates genius walt disney given precedence one may duplicate material adequately covered classroom judgments kind made academicians federal judges standards decision encumbered ambiguous phrases like compelling state interest widmar vincent stevens concurring judgment footnotes omitted student history reprimanded talking world series class discussion first amendment knows incorrect state time place manner restriction may based upon either content subject matter speech consolidated edison public service stevens concurring judgment appeals noted evidence record indicating students found speech offensive opinion today describes respondent confused boy ante repeatedly characterizes audience high school students children ante orthodox message conveyed similar audience four members today majority treat high school students like college students rather like children see bender williamsport area school dissenting opinions see arnold carpenter stevens dissenting reliance school authority prohibit unanticipated conduct disruptive educational process ante misplaced findings district upheld appeals established speech disruptive departing normal practice concerning factual findings decision rests utterly unproven subjective impressions hypothetical students bender williamsport area school burger dissenting school disruptive conduct rule entirely concerned educational process expressly refer extracurricular activities general student political campaigns student debates contrast nation legislative halls vigorous political debates society carried rules prohibiting use expressions offensive participants debate see ante written rule needed forewarn senator use offensive speech may give rise discipline high school student entitled equally unambiguous warning unlike manual parliamentary practice drafted thomas jefferson school district rules conduct contain unequivocal prohibition use impertinent speech indecent language