PORTFOLIO ASSIGNMENT 4

Portfolio Assignment 4
Stephanie Blair
College of Southern Nevada

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Abstract

This essay will be a discussion of gang related paraphernalia and how it impacts schools. With both
pro's and con's to a specific, imaginary case the sides of the case will provide real life cases to give the
reader a better idea of not only stance but legal standings.

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Portfolio Assignment 4

Each and every day students are going to school in what they choose so they can express
themselves. This has been a long standing tradition and something that most are taught to do from the
time they are born, be an individual and do not just do what others are because it might be the cool
thing. Unfortunately many groups and gangs take advantage of these types of freedoms and turn
something simple, such as a specific color bandana or a backpack that looks like a fish, into a gang
related item and would then include that person or elude that they are affiliated with a particular group.
In a public setting it is very hard to control due to the fact that people can wear what they want, one of
the many freedoms we are granted in this country. However, in a school setting, something like this
can be monitored and become part of a school rules which if broken can result in disciplinary action.
Let's take Bill Foster for an example. He is a student and enjoys wearing an earring to school
because he feels that the ladies like it, of course that is up for debate still. In the school that Bill attends,
earrings have become known to be part of a gang affiliation & has thus banned them from being worn
on school property. The school is allowed to do this thanks to Boroff v. Van Wert City Board of Educ.
Since the ruling on that case was that schools are allowed to ban certain clothing due to affiliation, the
school that Bill Foster goes to does have the right to not allow earrings.
While students have the first amendment right which would allow them to express themselves,
they must do so within the school regulated guidelines. According to Doe v. Brockton School Comm.
Students can wear certain clothing as long as it is not disruptive. Unfortunately when something gets
affiliated with gang violence, that would be something that would be greatly considered for being
disruptive. School uniforms were put in place to keep propaganda or any kind of violent crimes from
happening. While it may take a way a part of the students first amendment rights, it does make it where
all students are dressed similarly and can help to reduce violence in the schools.
On the flip side, why can a school so simply decide that something is against a dress code and

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make it some how related to gang violence and there fore ban it? Students have the right to express
themselves and should not be in any way reprimanded for doing something that the Bill of Rights
provides to them. The way we dress is an expression of ourselves and a type of nonverbal
communication, making a speech related issue. Nearly 21% of public schools have a type of uniform
policy in place and this is not to restrict students from expressing themselves but rather to put all
students on an equal playing field and try to help prevent too many future issues.
Students also should not be allowed to wear certain things if they are distracting. Bill is wearing
this earring in attempts to get the attention of a girl, something that is clearly a distraction for both
himself and the lady whom he is trying to win over. Certain things like an earring being distracting can
often times be left to the discretion of the parties involved but when it comes to it being rooted with
gang violence it makes it much easier to decide that something like that must go.
Students have every right to express themselves but unfortunately when times come that the
article of clothing that they are wearing becomes a part of something more than what they are then it
comes a bigger issue and needs to be addressed. For schools the best way to avoid any issues is to go
ahead and ban the article so that no affiliations can be made & they can prevent anything from
happening. While Bill Foster just wants to impress the ladies, it can still be mistaken for something
besides what it is and the school is simply doing what they feel is best for the greater good of the
school.

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References

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