The Foster Case 1

The Foster Case

Richard Rodriguez

College of Southern Nevada

The Foster Case 2

In the northeastern part of the country in high school had made changes to their clothing

policy. This change was due to the recent gang activities in the local area. A student known as

Bill Foster was unaware of these changes and was suspended for violating the school's dress

code policy.

I will be defending the school’s decision to suspend Bill Foster first. To defend the school

we must reiterate why is school chose to change the policy. Local gang activity was threatening

the peace and causing a lot of disruption. The school would cite the court case of Hazelwood

School District v. Kahlmaier. This case was in 1988 and dealt with school censorship. Basically

what happened is that a school principal removed two school articles due to inappropriate issues

that written. This went all the way up to Supreme Court where they found the school not guilty

because of the duty to protect the younger students.

The second court case in which the school could use is Brandenburg V Ohio. This case

was abput a leader in the KKK giving a speech that was intended to lead to violence along the

way. Obviously Brandenburg lost the Court ruled that freedom of speech is without protection

“if someone is inciting or producing an immediate lawless action.” Even though that Bill Foster

did not speak threatening words to anyone his earrings were promoting violence and the school

suspended him for it to protect the other students.

Now for the side of Bill Foster. Bill did not know that the earrings were a violation of the

school’s dress code policy. He thought that the earrings would attract girls. The first case that

would be cited his Hearn and United States v. Muskogee. This case is very similar to our very

own case because when this occurred and young Muslim girl was punished for violating her

schools dress code like wearing her hijab. This case went all the way up to the Supreme Court
The Foster Case 3

and even the Department of Justice came to her defense. The outcome was that if it is religious

clothing and it is protected by the First Amendment.

The second case that they could be citing his of the Westside Community Schools v.

Mergens that happen in 1999. When a student wanted to create a Christian Club, but was denied

approval from the school due to religion. The courts ruled in her favor due to the Equal Access

Act which is specifically to clubs. In our case I believe Foster would be saying that he had lost

his right during school which was violated and led to the suspension.

In conclusion, I believe that the school comes out on top in this case. Both of their cases

have some key points that Foster failed to disprove or even address. The school was able to

correctly identify what clothes the gangs were using. They proved that even Bill did not

physically say anything to incite violence it was his choice of apparel that did. The school was

thinking of the younger children’s safety. As well as the other students well-being from the local

gang violence.
The Foster Case 4

References

Facts and Case Summary - Hazelwood v. Kuhlmeier. (n.d.). Retrieved October 6, 2017, from

http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-

hazelwood-v-kuhlmeier

Frieden, T. (2004, March 31). U.S. to defend Muslim girl wearing scarf in school. Retrieved

October 5, 2017, from http://www.cnn.com/2004/LAW/03/30/us.school.headscarves/

Jacobs, T. (2007, September). 10 Supreme Court Cases Every Teen Should Know. Retrieved October 5,

2017, from www.nytimes.com/learning/teachers/featured_articles/20080915monday.html

Notable First Amendment Court Cases. (2006, July 26). Retrieved October 5, 2017, from

http://www.ala.org/advocacy/intfreedom/censorship/courtcases

Underwood, J., Webb, D. L.(2006). School Law For Teachers: Concepts and Applications.

Upper Sadle River, New Jersey and Columbus, Ohio: Pearson Merrill Prentice Hall.