Student Expression

Student Expression
Christina C. Martinez
College of Southern Nevada

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Abstract

When we look around us what do we see? People from all over the world. We are different in
every form possible. We are each wired differently mentally and physically. The idea of looking
the same or conforming to a uniformed look does not always settle well with people. Being
different is who we are and what better way to express our differences other than by appearance.
The desire to express ourselves through clothes, hairstyles or physically altering our originally
body is what our society is all about. This world of expression for students is what they thrive on.
Their youth revolves around how they look and what they can change to be socially acceptable
amongst their peers. Yet is this a true form of expression or is it just an attempt to draw attention
to oneself. Peers tend to be our greatest influence when we are adolescents. But when we start to
fall in with what our peers are exhibiting have we lost the true manner of expression.

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Student Expression

Bill Foster is a student in the Northeastern part of the United States. He is a high school
student in a school that has now become well established with gang activeness. Because of this
growing issue the school as put into play a new policy prohibiting the wearing of certain items.
Bill Foster was suspended for breaking policy regardless of his non affiliation to any gangs. The
school policy prohibits the wearing of gang symbols, athletic caps, gang symbols and jewelry.
Bill Foster chose to wear an earring to attract the opposite sex. Believing that they would find it
appealing. Bill Foster has filed suit stating that his freedom of expression was violated by the
school district. Did the school district have the right to inforce their policy on all students, gang
related or not?
Applicable Rights
The First Amendment guarantees freedoms concerning expression. It guarantees freedom
of expression by prohibiting Congress from restricting. The First Amendment will come into
play at determining whether or not the school had the right to restrict the wearing of earrings in
males. Under the Fourteenth Amendment Bill Foster is entitled to due process of the law and
cannot be denied under the equal protection of the law. Restrictions can be placed on student
grooming and attire if based on legitimate educational and safety objectives and not intended to
suppress expression. (p. 113) What needs to be established is the school district just cause for
dress codes and attire that did not violate Bill Fosters rights.
Arguments in Support
Tinker BH v Easton Area School District this case pertained to the 1st Amendment
preventing the public school districts from wrongfully punishing students. In support of breast
cancer student chose to wear bracelets stating I love boobies! The students were females and

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not acting in any derogatory or sexual manner towards the wording. When the girls refused to
adhere to the school they were suspended. In case the freedom of speech and gender equality was
a win for both on going issues in our system. The court found that their behavior was fell into the
category of political and social speech. (Web)
Bethel Chalifoux v New Caney Independent School District found that students wearing
white plastic rosaries were defy the schools policy on gang related attire. The students were
asked by officers on campus to put their rosaries inside their shirts. The students had worn their
rosaries on the outside of the shirt to display their religious faiths. The students were not gang
members nor did their display disrupt their class. Because they were never approached by gang
members and there was no evidence they attracted unwanted attention the Court ruled there was
insufficient evidence of actual disruption to justify infringement. (Web)
Arguments in Opposition
Dan Kuhr v Millard Public School case brings into play the wearing of shirts created to
depict the words RIP in honor of a person who had died. Officer Ferrell felt that such shirts
were gang related and used within the gangs to represent gang members who have died. The high
school was very heavy in gang relation with very physical motions taking place. The student was
asked to stop wearing the shirt and was in violation of school policy. This cases got very physical
with students protesting and causing an up rise. These student continued to be defiant and
endanger staff and other students. The school district was found to have just cause. (Web)
Olesen V Board of Education another case with the same relation of gangs. Students
brought suit against the school challenging them to being unconstitutional. Darryl Olesen wanted
to wear an earring but because of his school policy of gang related attire he was not allowed to.
Olesen claimed both his 1st and 14th Amendments had been violated under the right of free

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expression. In this case Olesen could not prove nor demonstrate equities or public interest favors
his position. The Court ruled in favor of the school. (Web)
Conclusion
My ruling is for the school district. When you attend school you are under the care of the
school and school district. They create rules and policy that they see fit in order to keep students
safe and protected. The school districted acted in the best interest of the student and he was being
treated equally in taking part just like all the other students and not being allowed to wear an
earring.

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References

Cambron-McCabe, McCarthy, Eckes, S.(2014) Legal Rights of Teachers and Students.United

States: Pearson Education, Inc., (page 115)
JL&G Harvard Journal of Law & Gender (2015). B.H. v. Easton Area School District. Retrieved
from http://harvardjlg.com/2013/10/b-h-v-easton-area-school-district-the-third-circuit-heartsboobies-but-not-titties/
Leagle, Inc. (2014) Chalifoux v. New Caney Independent School Dist. Retrieved from
http://www.leagle.com/decision/19971635976FSupp659_11551.xml/CHALIFOUX%20v.
%20NEW%20CANEY%20INDEPENDENT%20SCHOOL%20DIST.
PDF (unknown). Kuhr vs. Millard Public School District. Retrieved from
http://www.aclunebraska.org/images/attachments/131_Kuhr%20order%20denying%20SJ.pdf
Thomas Reuters (2010). Olesen v. Board of Education. 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