Artifactfour Villalba Ed210

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Artifact Four
Students Rights and Responsibilities
Melissa Villalba
College of Southern Nevada
Professor Nancy Webb

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A high school with a relatively large student body, located in north eastern U.S. had put in
place a policy eliminating students wearing of supposed gang symbols. This policy included
students wearing jewelry, emblems, earrings and athletic caps just in case. The school set this
policy in place because of recent suspected ongoing gang activity. A student named Bill Foster,
who had no previous record of gang affiliation wore an earring to school. He claimed it was a
form of self-expression however, he was still suspended for his act. Bill Foster filed a suit against
the high school for good reason.
The Bill Foster case relates in form eto the Supreme Court case Tinker v. Des Moines
Independent School District. In 1969, Mary Beth Tinker wore a black armband to protest the
Vietnam War, which resulted in suspension with five other students. The students lost in the
district court, however the case was taken to The Supreme Court, which ruled that students do
have constitutional rights in state public schools. The school district argued that the armbands
were a distraction. The end result was that the Supreme Court said; "It can hardly be argued that
either students or teachers shed their constitutional right to freedom of speech or expression at
the school house gate." (Underwood, pg. 121) I think it is important for every person to uphold
their right of freedom of speech. This will affect me as future teacher because students will have
strong opinions and I think it is part of my job to strengthen their opinionated minds in the
classroom. Mary Beth Tinker was protesting against the war with a peace sign on her arm and
this is clearly a good case for freedom of speech liberties. The students self-expression of peace
was stimulating to future students to exercise their voices. The First amendment protects all
forms of speech including symbolic armbands.

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Fosters case also relates to Boroff v. Van Wert City Board of Educ. A student who was in
high school had worn a shirt featuring the musical artist Marylyn Manson. This particular artist is
known for being outrageous, vulgar and offensive to some. The principle of the school did not
like the message on the t-shirt and for this reason the student was prohibited to wear this
supposedly offensive t-shirt. The student filed suit because the act of the principle violated the
First Amendment. The case was dismissed because the school can apparently prohibit a student
to not wear a shirt due to not personally liking the message, which is absurd. I think this case is
similar to the Bill Foster high school case in not being allowed to wear an earring because the
school does not like the message the earring carries.
Fosters high school had set a policy in place for all students to follow including students
wearing jewelry, emblems, earrings and athletic caps. Schools are allowed to set policies in place
for legitimate reasons. Schools have to be careful though so as not to infringe on basic civil
liberties. For example, in response to an increase in gang-related activity, one school adopted a
policy intended to prohibit dress related to gangs. (Underwood, pg. 125) The courts did not
proceed with the dress code to eliminate gang attire which included sport teams, which I think is
similar to Fosters case in reasoning. Foster is one of many students who wear earrings, so to me
that is not a legitimate reason to have him suspended, especially since he had no previous gang
relations.
Advocates of school uniforms also argue that these polices reduce school violence and
improve school academic climate. The growing popularity of uniforms is evident by a 2000
National Association of Elementary School Principles survey of 755 principles nationwide that
showed that one in public, private and parochial schools principles had uniform policies.
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(Underwood, pg. 125)Maybe Fosters school could resort to uniforms, which could eliminate
gang affiliated attire and will not violate the First Amendment students liberties. To avoid legal
issues and in Fosters high school case to avoid gang affiliation charges implementing uniforms,
would be an alternative.
Overall, I do not think that the school has any good reason to suspend Bill Foster for
wearing an earring. This is not an extreme case where students and staff of the school are being
disturbed. Fosters high schools best choice is to implement uniforms, rather than eliminating
every day popular attire like jewelry, athletic caps, and earrings. I think this particular case, due
to the circumstances, will result in the school violating the First Amendment rights to freedom of
expression in the Supreme Court because this is just plain ridiculous. If there is no harm being
done, then let the students do what they wish with their clothes or else where do you draw the
line?
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References
First Amendment Schools: The Five Freedoms - Court Case. (n.d.). Retrieved October 1,
2015.
Underwood, J., & Webb, L. (2006). School law for teachers: Concepts and applications.

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Students Rights and Responsibilities

College of Southern Nevada

Professor Nancy Webb

the high school for good reason.

forms of speech including symbolic armbands.

school does not like the message the earring carries.

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