Student's Rights and Responsibilities

Artifact 3
Student's Rights and Responsibilities
Bill Foster V. School District
Jessica Bojorquez
Education 210
Ms. Harington
April 24, 2015

Student's Rights and Responsibilities

Bill Foster v. School District

Introduction
Bill Foster was an an average male high school student. He was attending high school in
the northeastern part of the United States. Like any high school student, Bill liked to express his
individuality. One of the ways he did this was by wearing an earring to school. Bill thought that
it would attract the attention of his female classmates. The area in which Bill's school was
located had experienced problems with gang violence in the past. Therefore, his particular high
school had a ban on any gang related symbols being worn to school. These symbols included
jewelry, emblems, earrings and athletic caps. Bill decided to wear a singular earring to school.
The school then suspend Bill due to the violation of their dress code that Bill had committed. Bill
was upset that he was suspended for wearing an earring to school. He had no gang affiliations
and was otherwise a model student. He felt as though his right to self expression was violated
and decided to file suit against the school district.
Constitutional Support
In this particular case Bill can claim that two of his Constitutional Rights were violated.
The first would be his First Amendment Right. In the United States Constitution, the First
Amendment states Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition the Government for a redress of
grievances. Although this Amendment does not specifically state that a citizen reserves the right
to express themselves, it does state that every citizen has the right to a freedom of speech. This

Student's Rights and Responsibilities

directly translates into self expression. The way someone presents themselves is an active
example of them exercising their First Amendment Right. Expression, whether verbal or
nonverbal, is a form of speech. Therefore, self expression is our purest form of speech. Bill
Foster just wanted to express his fashion sense. He wanted to feel attractive to his female
classmates while at the same time remaining up to date with the latest fashion trends. Bill can
also argue that his Fourteenth Amendment Right was violated. The Fourteenth Amendment of
the US Constitution states: All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal protection of the
laws. Bill can argue that the school has enacted a policy that abridges his First Amendment
Right to freedom of speech. He can also argue the fact that the school is only enforcing this rule
on male students. Thus, denying him equal protection of the laws.
Supporting Cases
In a case very similar to Bill Foster's, a student named Darryl Olesen was suspended
from school for wearing an earring to school. The school had a similar policy against wearing
gang related clothing. Olesen had worn the earring to school on several occasions and was
suspended each time. The final time, Olesen and his family decided to file suit against the school
district to retract the disciplinary actions that had been placed against him. Darryl Olesen stated
that the school had infringed upon his First Amendment Right to freedom of speech. He had also
stated that the school did not grant him equal protection of the laws due to the fact that the school

Student's Rights and Responsibilities

allowed female students to wear earrings. The earring that Olesen chose to wear to school had a
cross on it. A gang that was prevalent in the area at the time, the Simon City Royals, had claimed
a cross as its symbol. Upon further investigation the school district had found that Olesen had
been meeting with affiliates of the Simon City Royals in his free time. Olesen denied any gang
affiliation and stated that the cross symbol was purely a coincidence. The supreme court ruled in
favor of the school board stating that the restriction on the dress code was valid and not an
infringement on the student's First Amendment Right due to the violent and prevalent gang
activity in the area. Bill Foster's school has a similar rule in effect for the same reason. Due to the
violent and increasing gang activity in schools, many similar precautions are being taken to
ensure the safety of schools nationwide. Although Bill Foster's intentions may be pure, it is the
responsibility of the school to take any measure to keep the grounds and its students safe.
Jimmy Hines was involved in a similar case. Jimmy Hines was a fourth grader at an
elementary school that also had a policy against male students wearing earrings. Jimmy was
aware of the policy and decided to wear the earring to school anyways. When Jimmy was
suspended from school his parents decided to file suit against the school district. In Hines v.
Caston School Corporation the judge agreed that Hines had a right to express himself, however
he decided in favor of the Caston School Corporation. Overall, the judge wanted the court to
know that no right is absolute. The school district implemented the rule to instill discipline in its
students. Schools reserve the right to take such measures to ensure that their students can study
without distractions. The school in which Bill Foster attends can make the same argument.
Although not every male student who wants to wear an earring will have gang affiliation, other
students and staff may feel that way. This could cause feelings of uneasiness among the school,

Student's Rights and Responsibilities

resulting in a reasonable distraction. Bill Fosters school was taking the proper precautions to
ensure that its students were able to learn in a distraction free environment.
Opposing Cases
Although it may seem that students rights to self expression are nonexistent while at
school, that is not the case. In the landmark case of Tinker v. Des Moines Independent
Community School District, a judge ruled in favor of student expression. In December of 1965 a
small group of students decided that they wanted to wear arm bands to school to show their
support for the end of the Vietnam War. The principal caught wind of the demonstration and
decided to enact a policy that banned the wearing of any armbands to school. The students
decided to wear them anyways to exercise their First Amendment Right. The school decided to
suspend the students and the students parents decided to file suit. The school was not able to
prove that the arm bands were a significant distraction to other students. The Supreme Court
ruled that the armbands were an expression of pure free speech separate from their actions as
students. Bill Foster could also argue this same right. He has no gang affiliations and wants to
express his fashion sense.
In the case of Bragg v. Swanson, a student was suspended for wearing a shirt to school
with a Confederate Flag on it. Franklin Bragg was then suspended for wearing the controversial
shirt. Due to the violent and uncomfortable history that revolves around the Confederate Flag,
many schools have decided to place a ban on wearing items with that flag. Swanson, principal of
the school, felt as though the shirt was possibly offensive to other students. Bragg's family felt as
though he was just trying to express his southern heritage and claimed that Swanson had violated
Franklin Bragg's right to freedom of expression. They then filed suit agains Swanson and the

Student's Rights and Responsibilities

school district. The judge surprisingly ruled in favor of the student. Regardless of the violent and
controversial connotations associated with the Confederate Flag, it is still a student's right to
express their support for it. The judge stated that the school did not provide enough proof that the
shirts were a reasonable enough distraction to ban students from wearing them. Similarly, Bill
Foster could make the same argument here as well. Although wearing of singular earrings by
males can be a sign of gang affiliations, it is not definite. The school can not group every student
into a small category based on knowledge of a small percentage of students.
Conclusion
Most student's are under the age of eighteen while they attend high school. Although they
are technically still children, they still have rights. It is important for students to be aware of
these rights so they can well prepared for life after high school. Bill Foster is a student who
exercised his simplest freedom, the freedom to express himself. Although the school has had a
reasonable cause to implement the no earring rule, it should not be definite. Fashion, style and
opinions change daily. Bill Foster was a model student with no affiliations to any gang activity in
the area. The earring was not a reasonable distraction to the other students, nor was the earring
offensive in nature. Bill Foster was just an average high school boy who wanted to impress his
female classmates.

Student's Rights and Responsibilities

7
References

Bragg (2005). Bragg v. Swanson. Retrieved from

https://www.courtlistener.com/opinion/2316315/bragg-v-swanson/
Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. E. (2014). Legal rights of
teachers and students. Upper Saddle River, NJ: Pearson.
Olesen (n.d.). Olesen v. board of education of school district no. 228. Retrieved from
http://www.lacba.org/Files/Main%20Folder/Organization/files/Olesen%20v.%20Board
%20of%20Education%20of%20School%20District%20No.%20228,%20676%20F.
%20Supp.%20820%20%28D.%20Ill.%201987%29.pdf
Oyez (n.d.). Tinker v. Des Moines independent community school district. Retrieved from
http://www.oyez.org/cases/1960-1969/1968/1968_21
Tuli, T. (2005). Teen rights (and responsibilities): A legal guide for teens and the adults in their
lives. Naperville, IL: Sourcebooks.