RUNNING HEAD: Case Senario

Case Scenario

Brayan Martinez

College of Southern Nevada

September 25, 2018

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Bill Foster who is not a gang member by any means, wore an earring as a form

of expression and not to represent any gang.The school, however, has begun a policy

prohibiting the wearing of gang symbols which includes jewelry.The policy was

introduced to reduce the gang activity and prevent fights during school.The school

misinterpreted Bill Foster usage of his earing, thus him getting suspended from the

school.Once Bill got suspend he filed suit because his intention was not to represent

any gang but to impress the younger ladies.

Bill Foster first amendment was violated by his school district. In the court case

Burnside v. Bayars there was a group of students and a predominantly black school

who wore freedom buttons to protest racial segregation. The principal thought that the

buttons would cost commotion and disturb the school program. Some students continue

to wear the buttons which made the principles spend them for a week.The court had a 3

to 0 vote and ruled that school officials cannot prohibit the wearing of freedom buttons

because there was no evidence that it would have caused a disruption in the school

program. Just like Bill Foster‘s earring no have caused no commotion Bill Foster had his

first amendment rights taken advantage of.Judge Walter Gewin stated that ”They

cannot infringe on their students' right to free and unrestricted expression as guaranteed

to them under the First Amendment to the Constitution”. (First Amendment school 1)

In another court case, Chandler v. Mcminnville school district a group of teachers

went on a lawful strike. Two of the teachers had students attending the school and the

students wore a button with the word “scab” on them. The students handed out similar

buttons to their peers but then school officials “prohibited the students from wearing the

buttons”.This may seem more gang-related then Bill Foster’s earing as he was the only
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one to wear it. even though the students had many other students were the button and

a 3 to 0 decision the court ruled that “students wearing a button cannot be prohibited

unless the school district show a reasonable forecast of substantial disruption“. If a gang

full of students had the right to where the button then Bill Foster should have the right to

wear his earring.(First Amendment school 1)

In the court case Hazelwood school district v. Kuhlmeier, the school newspaper

of the high school was written and maintained by students at the school. The principal

found a couple pages that he seemed to be not suitable for school and wanted them

removed. Two students did not agree that he was right, once taken to court it was ruled

in a 5 to 3 decision in favor of the principal. When does the judge stated that “schools

must be able to set high standards for student speech“ (Oyez 3), therefore having

reason and removing the articles written in the newspaper.

In an another court case, Boroff v.Van West City Board of Education High school

student or a T-shirt of Marilyn Mason. Sure had explicit and offensive illustrations any

school official told the student that it was against dress code. Given an option to leave

or to flip the shirt inside out and he left, the following day he wore another Marilyn

Manson shirt. Student try to sue the district and glass in a 2 to 1 vote. He was wearing

offensive illustrations which other students would be able to see therefore putting them

at risk. In court, it was stated that “school officials can prohibit any student from wearing

T-shirts with offensive messages”(First Amendment Schools 3). If Bill Foster's earring

was sending an offensive message to school officials such as gang affiliation that is

more than enough reason for Bill Foster to lose the case.
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Bill Foster had his first amendment rights violated and would win if his case

where to go to court. The school had no reason to believe that Bill Foster wore that

earing to affiliate with a gang. With other students being able to wear buttons and create

a group which is more gang-related, (not with violence but as a group) Bill Foster has all

reason to express himself. The school could not provide a reasonable forecast that the

reason of Bill Foster wearing his earing was gang-related, therefore Bill Foster’s rights

being violated.

Reference Page

Hazelwood School District v. Kuhlmeier. (n.d.). Oyez. Retrieved September 27, 2018,

from https://www.oyez.org/cases/1987/86-836
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The Five Freedoms - Court Case. (n.d.). Retrieved September 28, 2018, from

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1676

The Five Freedoms - Court Case. (n.d.). Retrieved September 28, 2018, from

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1658

The Five Freedoms - Court Case. (n.d.). Retrieved September 28, 2018, from

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