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After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies...
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