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Portfolio 4

Cynthia Reyes

Dr. Dale B. Waby

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Portfolio 4

In a scenario where a large high school in the northeastern United Stated initiated

a policy prohibiting the wearing of gang symbols such as jewelry, emblems, earring, and

athletic caps. The policy was developed based on gang activities that were prevalent in

the school. Bill Foster, who was not involved in the gang activity, where he wore earing

to school as a form of self-expression and a belief that earrings were attractive to young

ladies. He was suspended for this act, and he filed a suit as well.

In tinker v. Des Moines independent school district, students were suspended for

wearing black armbands to protest the Vietnam War. The Supreme Court said, it can

hardly be argues that either students or teachers shed their constitutional right to freedom

of speech of expression at the school house gate. The court found that the suspensions

were unconstitutional. The three students were suspended for wearing the armbands. The

Supreme Court found that students did have rights to free speech, but they could be

limited if the school had facts reasonably led it to believe that the speech would

substantially disrupt school activities. However, the school must show more than a desire

to avoid discomfort.

In the case of Hazelwood school district v. Kuhlmeier, a high school principle

removed two paged from the school paper because articles talked about student

pregnancy, birth control, and the impact of divorce on students. The Court upheld the

schools actions by finding that the newspaper was part of school curriculum. They found

this, student speech to be disruptive.

Bills freedoms in my opinion were not violated in this case. I say that they were

not violated in this case because if a student takes any type of symbol that represents a
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gang sign there could be a riot. We do not know if there are other students in other gangs

and maybe both gangs do not like each other so they would probably start fighting that

same day or maybe even the next day. Students might even bring weapons to school just

to get the other person in the different gang either hurt or dead.