Professional Documents
Culture Documents
Student Rights
Student Rights
Artifact 5
Bethany Sell
Edu 210-4001
A high school bands all jewelry, emblems, earrings and athletic caps due to their
associations with gang activity. Bill Foster, a student not associated with a gang wore an earring
to school as a form of self expression to impress the ladies and was suspended for it. He filed suit
claiming that his rights to free speech were infringed upon.
Backing Bill Foster is the precedent set by Tinker v Des Moines Independent School
District (1969). In this case, three students were suspended for wearing black armbands in protest
of the Vietnam War. As can be found in the course textbook, the court decided that students are
free to express themselves, even in regards to controversial issues, as long as the protected
expression does not “substantially interfere with the requirements of appropriate discipline in the
operation of the school” (Cambron-McCabe, 98). This case relates to that of Bill Foster because
his form of expression was silent. He caused no disruption, and there is no indication that his
expression bothered of interfered with the rights of his fellow students.
In addition he can use the case of B. H. v Easton Area School District (2011) to support
his case. In this case the court issued an injunction to a middle school that had banned students
from wearing shirts that said "I ♥ boobies! (KEEP A BREAST)". The court reasoned that
because the shirts were not lewd and the school could not prove that they would cause
disruption, they could not be banned. This is relevant to Bill Foster’s case because he was
expressing a non-lewd, non-aggressive message by wearing his earring. He was not associated
with any gang, so his speech wasn’t meant to inspire any gang related activity, and no disruption
However, the high school can support its case with the decision of Bethel School District
No. 403 v. Fraser (1986). In this case the court upheld the school’s decision to discipline a
Portfolio Assignment 4: Student’s Rights and Responsibilities
student for using lewd content in a nomination speech, which was given at a student government
assembly. “The court majority found that the school’s legitimate interest in protecting the captive
student audience from lewd and vulgar speech justified the disciplinary action”
(Cambron-McCabe, 98-99). This case supports the school’s side because Bill was using the
earring to impress students of the opposite gender. If the school can prove that there was a lewd
meaning behind it, then they will have been justified in disciplining Bill.
The school can also argue their defense with the case of Hazelwood School District v
Kuhlmeier (1988), in which case a school principal deleted two pages from a school newspaper
which talked about teen pregnancy and divorce because of fears that certain individuals could be
identified in the article. The court reasoned that the school newspaper was not a public forum
and “held that school authorities can censor student expression in school publications and other
school related activities so long as the censorship decisions are based on legitimate pedagogical
concerns”(Cambron-McCabe, 99). This case supports the school’s defense because their was a
legitimate concern for the safety of students because of its relation to gang activity which was a
problem at this particular school. Even though Bill himself was not affiliated with gang, other
students at the school were and could misinterpret its meaning and cause disruption or greater
misfortune.
In this case I would not think that Bill Foster’s rights to free expression were violated.
Although the ruling of Tinker v Des Moines Independent School District (1969) sets the
precedent that student speech is protected as long as it is undisruptive and does not interfere with
the rights of others, the school had a legitimate concern for students well being when it made the
rules that banned earrings from being worn to school as they were related to gang activity present
Portfolio Assignment 4: Student’s Rights and Responsibilities
at the school. As was held in Hazelwood School District v Kuhlmeier (1988), schools can censor
student expression as long as there are legitimate concerns that the expression will interfere with
References
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986).
B. H. v Easton Area School District, 827 F. Supp.2d 392 (E.D. Pa. Apr. 12, 2011).
http://caselaw.findlaw.com/summary/opinion/us-3rd-circuit/2013/08/05/267359.html
Hazelwood School District v Kuhlmeier, 484 U.S. 260 (1988), on remand, 840 F.2d 596 (8th
Cir. 1988).
Tinker v Des Moines Independent School District, 393 U.S. 503 (1969).
Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. (2014). Legal rights of teachers and
students. Upper Saddle River, NJ: Pearson.