1 Students’ Rights and Responsibilities

Students’ Rights and Responsibilities

Nicholas Hevrin
04/6/19
EDU 210-1001
Portfolio 4
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In the case that is presented Bill Foster is a high school attending a school that is

struggling with gang violence. The school created a policy prohibiting any type of gang symbol

included earrings which was what was worn by Bill Foster. He was suspended for breaking the

school policy and has filed a suit stating that this was restricting his freedom of expression since

he wore the earring because he felt that girls liked it. He did not wear the earring as a gang

symbol.

The first side of this case would be supporting that Bill Foster is under his freedom of

expression for wearing the earring to school. The earring is not actively disrupting the process of

education in school so he should not be suspended. This is supported by the famous case of

Tinker v. Des Moines Independent School District (d.1969). In this case part of the reversal

reasoning was that this was a silent protest and not a disruption the school itself. Bill Foster’s

case is supported by this because his earring in no way disrupts his fellow students.

In the case Gardner V Cumberland School (d.2003) they ruled that a school can only

prohibit certain dress when it presents a clear and present danger or disruption to the classroom.

This case protects Bill Foster’s rights as his clothing option of an earring does not in fact present

a clear and present danger to the classroom or those around him. Since it does not meet those

standards it should not be restricted in the school setting and the students should not be

suspended for this.

The second side of this case is that Bill Foster should be suspended for wearing the

earring as it was barred per school policy. The school stated that it was in order to prevent
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potential violence as they had seen an increase in gang violence in the area. This is reinforced by

the case of Dariano v Morgan Hills Unified School District (d.2014), where the principal barred

wearing American flag shirts on Cinco de mayo in order to prevent violence in the schools. The

principal set this up well in advance to the holiday in an attempt to guarantee the safety of the

students. The principal of Bill Foster’s school also put this policy in affect well before the

incident in the attempt to defer gang violence in the school protecting the students. Bill Foster

wearing the earring could potentially could create disruption to the school.

The school is also supported by the case of Morse v Federick (d.2007). In this case a

student brought a banner to a school event stating “Bong Hits 4 Jesus.” The sign was confiscated

and the student was suspended. While this is not an article of clothing the student was not

disrupting the event only displaying the banner. The could rule that it is the school’s

responsibility to maintain a safe environment for other students. This also goes with the case of

Bill Foster as the school was enforcing these rules in an attempt to create a safe environment for

all of the students attending the school and the earring could potentially create an unsafe

environment as it could be attributed to a gang.

Bill Foster should face suspension for wearing the earring. Just like in the case of Dariano

v Morgan Hills Unified School District (d.2014) the Principal clearly created this policy in

advance of the incident in an attempt to create a safe environment for the students and to avoid

any potential conflict that could result in violence in the school. While the student is not wearing

the earring as a symbol of a gang it could still be interpreted that way by those in a gang resulting

in the disruption of normal classroom life. If the policy had been created in response to the
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earring and then the student had been suspended then the case would be in favor of Bill Foster

but the policy was created before the incident so the student was properly aware that this was

prohibited.
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References:

Jr, D. L. (n.d.). Dariano v. Morgan Hills Unified School District (d.2014) (9th Cir.). Retrieved

from https://mtsu.edu/first-amendment/article/1545/dariano-v-morgan-hills-unified-school-

district-9th-cir

Gardner v. Cumberland School Committee (d.2003) (n.d). Retrieved from

http://www.riaclu.org/know-your-rights/pamphlets/know-your-rights-school-dress-codes

Morse v Frederick (d.2007) Your 1st Amendment Rights. (n.d.). Retrieved from

https://judiciallearningcenter.org/your-1st-amendment-rights/

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.

Upper Saddle River, NJ: Pearson/Merrill Prentice Hall. Tinker v. Des Moines Independent

School District (d.1969) pg.121