Portfolio Assignment 4 1

Kara Ozuna

Portfolio Assignment 4

EDU 210

Dr. Isbell

CSN
Portfolio Assignment 4 2

In the northeaster United States in a large high school. The school initiated a policy

prohibiting jewelry, emblems, earrings, and athletic caps as it could be related to gang symbols.

This policy was based on gang activities that were prevalent in the school. Bill Foster, who was

not involved in gang activity wore an earring thinking it was attractive to young ladies. He was

suspended for his act. He then filed a suit. Now the question stands were Bill’s freedom

expression rights violated and does Bill have a case.

Boroff v. Van Wert City Board of Education will be the first case that is in favor of Bill

Foster’s case. Boroff v. Van Wert City Board of Education is about a high school student who

wore a t-shirt that had the name of Marilyn Manson on it. A school official told the student that

the t-shirt violated school dress code. The school official told the student to either turn the shirt

inside out or leave the school. The student left school and the next day when he returned wore

another Marilyn Manson t-shirt. He was again sent home. The student decided to sue, claiming a

violation of his First Amendment rights. The judge ruled that school officials cannot forbid

students from wearing t-shirts just because they disagree with the shirts message. This revolves

around Bill Foster’s case because Bill wore an earring to school and even though the school said

no earrings that involved gang activity. Bill’s earring was not related to gang activity therefore

the school should not have told him to take it out because Bill was using it for self-expression.

Just like the student in the Boroff v. Van Wert City Board of Education case was wearing is

Marilyn Manson shirts for self-expression.

The second case I will be discussing that is in favor of Bill Foster’s case is Doe v.

Brockton School Comm. Doe v. Brockton School Comm. is about a student that would crossdress

at school. The court ruled in favor of the student because it did not show any disruption towards

other students and their learning. This case is a good example for Bill Foster’s case because Bill
Portfolio Assignment 4 3

does wear an earring to school, but it should not cause any harm to other students and their

learning.

West v. Derby Unified School District will be the first case against Bill Foster’s case.

West v. Derby Unified School District is about a middle school student who drew a picture of the

Confederate flag. The student was suspended for violating his racial harassment and intimidation

policy. The student then sued, claiming that the school violated his First Amendment rights. The

courts ruled that school officials had reason to believe a student’s display of the Confederate flag

would cause a substantial disruption or collide with the rights of others. This is like Bill Foster’s

case because him wearing an earring could disrupt children from learning. Someone could

believe he is in a gang because he is wearing an earring. Just like the West v. Derby Unified

School District case the Confederate flag being show would have disrupt other children from

being taught.

The second case that I’ve found that is against Bill Foster’s case is Bethel School District

No. 403 v. Fraser. Bethel School District No. 403 v. Fraser is about a young man who was

giving a speech at a school assembly. While giving this speech some observers believed there

was a graphic sexual metaphor to promote a friends candidacy. Fraser was suspended from

school for two days for using inappropriate language. Fraser took the school to court for

violating his First Amendment rights. The Courts found that is was appropriate for the school to

prohibit the use of offensive language. This has to do with Bill’s case because even thought the

student had a right to say what he wanted he still can not say vulgar things. So even though Bill

has the right to wear whatever he would like he still does not have the right to wear an earring

because technically the school banned them because of gang activity.

Portfolio Assignment 4 4

My decision in the case is in favor of Bill Foster. I believe his freedom expression rights

were violated. He should have been allowed to wear his earring because it was not gang related.

He was wearing it for self-expression. Just like in Boroff v. Van Wert City Board of Education

when he wore his Marilyn Manson shirt he was also wearing it for self-expression, nothing more.

Bill Foster’s freedom expression rights were violated and therefore he should win this case.

Bethel School District No. 403 v. Fraser

https://www.oyez.org/cases/1985/84-1667

Boroff v. Van Wert City of Education

Portfolio Assignment 4 5

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1685

West v. Derby Unified School District

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1688