Artifact 4

Rachel Kramer

EDU 210 Nevada School Law

Dale Warby

01 October 2018
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A new policy was developed prohibiting the wearing of gang symbols such as jewelry,
emblems, earrings, and athletic caps after gang activity was prevalent in a large highschool in the
northeastern United States. Student Bill Foster wore an earring to school as a form of self
expression and the assumption that it was attractive to young ladies and he was suspended for the
act. Bill Foster filed suit for he was not involved in any gangs or gang related activity.
Bill Foster’s freedom of expression right was violated in this case. In Doe v. Brockton
School Committee, a landmark ruling, a middle school tried to prohibit a transgender student for
expressing her female identity. The court found that stopping a biologically boy student from
wearing girl clothes violated their first amendment right to express themselves. This applies to
the scenario because Bill Foster has the right to express himself. All students do. If a female
student can express herself wearing an earring that so can a male student. Stopping Bill from
doing so would be considered sex discrimination. Jewelry is a common item among all people
that is usually used for sexual expression. To stop one person but not another is simply unfair.
In Jacobs v. Clark County School District, a Liberty Highschool student was
suspended for expressing her first amendment right. The school had a required uniform, but the
student dressed expressing their religious beliefs, which is protected. Bill Foster should not be
punished under the first amendment right of self expression. Bill was not causing disruption or
offensive behavior. If Bill’s earring was causing disruptive behavior, then discipline would come
into action. Bill’s school should make an exception to their non gang related dress code policies.
If not they are extinguishing his right to express himself and impress female students.
On the other hand, Boroff v Van Wert City Board of Education, agreed that schools
can prohibit a student from wearing something that is considered offensive or disruptive. A
student was wearing a Marilyn Manson shirt that was considered offensive because of the
promotion of the bands contrary views. Although Bill claimed to not be in any gang related
activity, the school should prohibit him from wearing the earring as a precautionary measure.
This is to protect Bill and other student’s safety. Self Expression in schools is allowed as long as
it is not harmful to others. Other students could potentially take Bill’s earring in a negative way
of expression, such as gang promotion, rather than positive self promotion.
In Tinker v Des Moines Independent Community School District, 1969, three
students were suspended from school for wearing black armbands to protest the Vietnam War.
These students were considered disruptive to the learning environment. Bill Foster is being
disruptive to the learning environment by promoting gang activity within his school by wearing
gang related Jewelry. Even though Bill may not consider it to be gang related, the school does
and therefore it becomes offensive and disruptive to those around him. Bills freedom of
expression was therefore not violated. It would only have been violated it it was not causing
disruption to others.
I think that Bill Foster’s freedom of expression was violated. I think that it is ridiculous to
suspend a student for a small piece of jewelry. This can impact their education or make a lack
thereof. Bill was not being disruptive to others, he was simply expressing himself like everyone
does everyday through their clothing and other personal accessories. The school limiting students
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from doing so is not a healthy practice. It can affect students behaviors and social skills. If persay
the earring had foul language on it, this would be another story. Overall I do believe Bill’s
freedom of expression was violated. Yet on the other hand I feel that the school implemented this
policy for safety purposes and should therefore be followed. Self expression should happen a
healthy amount in school but can also take place outside of the school. Schools are a safe
environment where students go to learn.

References
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Doe v. Yunits. (n.d.). Retrieved from https://www.glad.org/cases/pat-doe-v-yunits/

FindLaw's United States Ninth Circuit case and opinions. (n.d.). Retrieved from
https://caselaw.findlaw.com/us-9th-circuit/1204345.html

Tinker v. Des Moines Independent Community School Dist. (n.d.). Retrieved from
https://www.law.cornell.edu/supremecourt/text/393/503

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.
Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.