Rebecca Thompson 2/25/2019 1

Portfolio #4
Rebecca Thompson
CSN EDU 210
Rebecca Thompson 2/25/2019 2

Abstract

Bill Foster was suspended from school due to wearing an earring that he found

fashionable and thought it would bring attention to the ladies at his school. He was suspended

because the school that he attended in northeastern United States had a policy against students

wearing anything that could be thought to be gang related. Jewelry, embelmes, earrings, and hats

could all fall underneath this category. Foster was not part of a gang, so he thought it would be

okay to wear the earring, due to it not being affiliated with any sort of gang. He ended up filing

suit for being suspended because of his self expression. Bill Foster’s freedom expression rights

were violated because his jewelry was not gang related, therefore there is no reason that he is not

allowed to wear it at school.

The school that Bill Foster attended takes away the students freedom of expression

through what they wear. It is stated in their handbook that no student is allowed to wear gang

symbols. The Court Case Tinker v. Des Moines Independent School District states “Students

were suspended for wearing black armbands to protest the Vietnam War” (Underwood;Webb,

121). The result of this court case was that the suspensions were found to be unconstitutional.

This court case relates back to the one of Foster’s because the students at this school had their

freedom of expression taken away just like Bill Foster did at his school.

The Supreme Court does not in fact accept cases that deals with student appearance.

However, when it comes to freedom of expression, they do. Students at Foster’s high school are

not allowed to wear anything gang related, but who’s to say that his earring was gang related? In

the Court Case Doe v. Brockton School Community, “The court ruled in favor of the student’s

cross-dressing because the school did not show any disruption” (Underwood;Webb, 124).

Students were given the right to dress how they wanted as a freedom of expression within the
Rebecca Thompson 2/25/2019 3

limits of the school and as long as it would not disrupt the learning of other students. This relates

back to the case with Bill Foster because he and his peers should be able to wear jewelry,

emblems, hats, and earrings as long as it does not represent a gang.

Although Bill Foster feels that his freedom of expression is being taken away from not

being able to wear earrings, the school specifically states that no student is allowed to wear such

items due to prior gang related incidents. The school is trying to protect their students with this

being enforced. He was also going against a direct rule that was provided from the school. The

Court Case Boroff v. Van Wert City Board of Education states “The court agreed that the

school could prohibit a student from wearing a Marilyn Manson T-shirt it considered offensive

based on the band’s promotion of values contrary to the school’s education mission”

(Underwood;Webb, 124). This case relates back to that of Foster’s because there is a specific

rule put in place by the school that prohibits a certain piece of clothing to be worn in that school

just like the one that Foster attended.

Bill Foster was suspended for going against his school dress code that had been set in

place. He was suspended for doing so, just like the student from the Court Case Jacobs v Clark

County School District. The student attended Liberty High School in Las Vegas, Nevada. This

school has a dress code that has students wear khaki colored pants and a solid colored polo.

Kimberly Jacobs is the student who broke the dress code numerous times. “As a result of these

violations, Jacobs was repeatedly referred to the Dean's office and was ultimately suspended

from school five times for a total of approximately twenty-five days” (FindLaw’s). This case

relates back to Bill Foster’s because both students broke the dress code and ended up being

suspended for doing so.

Based on my findings and the different court cases that I have read, I believe that Bill

Foster should not have been suspended from school. He had every right to express himself. His

earrings did not reflect back to a gang symbol. The school’s policy that he attended was to not

wear gang related symbols. Since he was not affiliated with one, he was not in any way

representing one. The administrators at his school took away his freedom of expression. Foster

was just trying to be stylish and impress the girls at his school, but what he was wearing was

taken wrong by the faculty who proceeded to suspend him.

References

FindLaw's United States Ninth Circuit case and opinions. (n.d.). Retrieved from

https://caselaw.findlaw.com/us-9th-circuit/1204345.html

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.

Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.