Artifact #4 EDU 210

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Student’s Rights and Responsibilities Artifact #4

EDU 210: Nevada School Law

Bailey Willoughby

College of Southern Nevada

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The case given was reportedly about a school prohibiting the attire involving gang

symbols including jewelry, emblems, earrings, and athletic caps. A student named Bill Foster

was not related in any gang activity but wore an earring to school thinking it would impress the

ladies. He then got suspended from school because of his actions. He ended up filing a lawsuit as

well. The school was very well-known for gang affiliation. In order to find out whether or not

Bill’s freedom of expression rights were violated, both sides will be needed to look into. The

sides that I will be researching are the school’s, Bill’s, the law and I will stand as an outside

perspective of the situation.

In order for a school to remain as safe as possible, safety precautions will be made while

keeping the student’s best interest in mind. In a case famously named Tinker Vs. Des Moines

Independent School District involved students coming to school wearing black armbands to

protest against the Vietnam War. After this case, the court had to put in. Schools are able to limit

students expression if there is an actual concern regarding students being a distraction or other

students learning environment. This case represents a write two schools having their own

policies regarding the dress code of students. For example, Bill Foster's School their policy was

no gang affiliated clothing was allowed. Their reasoning for having this policy put in place is

because of the well-known gang affiliations that occur within the school. It seems as though the

school is just wanting their students to be safe. If the gang affiliation wasn't as big of a deal in

that area then perhaps they could have lightened up on their policy.

In regards to Bill Foster's side of the story, I can understand the frustration coming from

his end. The fact that he is in affiliated with any gang, but was still sentenced to a suspension
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after wearing an earring is a very unfavorable situation. Implementing a dress code has a very

thin line of also impeding on our first amendment right which is freedom of expression.

According to mtsu.edu, “If school officials attempt to punish students who exercise their

expressive rights by wearing buttons, writing on fingernails, or protest messages on shirts, they

could find themselves slapped with protected-speech or petition action lawsuits.” This means

that students do still have wiggle room to express themselves well into their rights. Your rights

do not stop once you step onto school grounds. Bill Foster is aware of his rights and took it to the

next level in order to exercise them by filing a lawsuit. This is similar to the situation of Jacobs

Vs. Clark County School District. The case involved the district regulating dress code for the

student’s safety, creating a positive student environment. Kimberly Jacobs consistently went

against the dress code which was khakis, and a solid polo shirt. She wore graphic shirts that

stated her religious beliefs. She believed that the dress code violated their first amendment rights

which is the same issue that Bill is having.

The First Amendment regards the Freedom of Religion, Speech, and the Press. In

specifics, it also states, “Congress shall make no law respecting an establishment of religion or

prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the

right of the people peaceably to assemble and to petition the government for a redress of

grievances.” (ConstitutingAmerica.org) Breaking down the amendment into specifics include

giving citizens the freedom to express themselves. It is stretched out to letting people be open

about their religion as well as having the freedom of the press. This is inclusive to social media.

In regards to the dress code, students still have their freedom of expression as long as it does not

violate the educational learning environment. Bethel School District vs. Fraser which allowed the
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school to punish a student who gave an extremely vulgar speech before a school assembly. This

case gives an example of allowing schools to give consequences to students who are disrupting

educational environments.

When reading the case I was more on the side of the school. I did a lot of research

regarding the dress code, and the first amendment. The school was right to suspend Bill. He was

breaking school policy that was put into place for the safety of the students. As the case stated,

the school placed the dress code for a good reason. Even though Bill stated that he was not

affiliated with a gang, other gang members do not know that. It could bring harm to not only Bill

but the students of the school as well. I feel as though having a uniform put into place will help

students become less violent. Having a dress code in school helps prepare students for the future

such as in their careers.

After doing extensions research about the different sides of the case I have come to the

conclusion that Bill Foster’s Freedom of Expression rights were not violated. Bill needs to see

the bigger picture that is not just about him. The policy is put in place to provide safety for

everyone, not just him. If a gang member saw him with the earrings then it could result in major

issues. Bill needs to do his own research and see the situation from the other angles. The dress

code, in this case, goes beyond the first amendment, but to the safety of the chiildren of the

future.
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Work Cited

May 12, 2. A. (2008, May 12). Jacobs v. Clark County School District. Retrieved April 04,

2019, from ​https://www.law.com/almID/1202421325288/?slreturn=20190306005014

School Dress Codes. (n.d.). Retrieved April 05, 2019, from

https://education.findlaw.com/student-rights/school-dress-codes.html

The Bill of Rights. (n.d.). Retrieved from

https://constitutingamerica.org/bill-of-rights/?gclid=CjwKCAjw-ZvlBRBbEiwANw9UWiHBUR

zCMob051IdYckt35MgPuq18oNl0fFW2AA2DgpOmkEtEoMB9hoCIXQQAvD_BwE#toggle-id

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