Portfolio #4

Students’ Rights and Responsibilities

Adrian P. Braybrooke

College of Southern Nevada

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Abstract

“Students’ Rights and Responsibilities

Scenario: A large high school in the northeastern United States initiated a policy

prohibiting the wearing of gang symbols such as jewelry, emblems, earrings, and athletic caps.

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

who was not involved in gang activity, wore an earring to school as a form of self-expression and

a belief that the earring was attractive to young ladies. He was suspended for his act.

Consequently, he filed suit.

Were Bill’s freedom expression rights violated in this case? Why or why not?

Present both sides of the argument. Based on the text and court cases, how do you feel

the court will rule in this case? Be sure to list legal references in the support of your responses.”
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Students’ Rights and Responsibilities

Scenario

Student Bill Foster was suspended for wearing an earring to school. The school had

assumed it was tied to gang activities, while Foster claims it was only warn because he thought it

made him appear attractive.

Pro District1

The school’s decision to suspend Foster can be understood by referencing back to other cases,

and listening to their reasoning. The case Tinker v. Des Moines Independent Community School

District relates to Foster’s predicament. In this case, two students were suspended for wearing

arm bands in peaceful protest of the Vietnam War. These students were suspended for this. The

district court claimed that the district’s decision was valid. They could rule the same for Foster’s

situation.

Pro District.

Another case that will support the school is Boroff v. Van Wert City Board of Education.

In this case, a student was sent home for a Marilyn Manson shirt that could have been seen as

offensive. He went home, and wore a different Marilyn Manson shirt the next day. He was sent

home again and he sued. However, the Supreme Court decided that it is okay to prohibit clothing

that is “patently contrary to the school’s education mission” (case). Because of this reasoning,

Foster might be told the same thing.

Pro Foster.

Foster’s situation can be related to Chalifoux v. New Caney Independent School District.

This case was about two students wearing rosaries. Because rosaries were sometimes worn as

gang affiliation, the school told these two students they must wear their rosaries inside their
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shirts or not at all. This was ruled as too vague of a policy and in the students’ favor. So it is

possible the situation with Foster will also be ruled the same way.

Pro Foster.

One case that relates to Foster’s position is Stephenson v. Davenport Community School

District. This is a case with similar situations. In this case, Brianna Stephenson was suspended

and recommended for expulsion for a tattoo that could have religious ties. It was ruled that the

policy was unfair, and things went in Brianna’s favor. The same could be possible for Foster.

Opinion.

I believe that Foster should win this case. I do not think there is anything wrong with an

earring, and it is ridiculous to be suspended for one. The policy is too vague.
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References

Stephenson v. Davenport Community School District 110 F.3d 1303 (8th Cir. 1997)

Chalifoux v. New Caney Independent School District 976 F. Supp. 659 ( 1997 )

Boroff v. Van Wert City Board of Education, 240 F.3d 465 (6th Cir. 2000)

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)