Professional Documents
Culture Documents
Assignment Submission #4
Teresa Escalante
EDU 210
Within a high school found within the United States, a student by the name of Bill Foster
was wearing an earring. Due to this, Foster was suspended for violating a policy that was
accepted by the school. The policy surrounded the focus on all things related with gangs. Foster
was not involved in any gang activity therefore he filled a suit against the school. The question is
now asked on who is correct and where the freedom rights stand within this case.
Fosters freedom rights were violated. A court case occurred between Tinker and a school
in Des Moines, Iowa. Students were wearing black bands that were around this arm. The reason
that they wore it was to protest against the war that was occurring in Vietnam. Eventually the
principal of the school heard and told the students that they would be suspended if they
continued to wear those bands, yet the students ignored the principal and continued wearing it.
Therefore the students who were the bands were suspended. The students suspension did not
please the parents, so the parents sued. The case was then founded in court. When it was time to
make the decision, the court said that, Students don't shed their constitutional rights at the
school house gates." (Tinker v. Des Moines Podcast) With that statement the parents of the
suspended students won. This related to Fosters case because although the school thought they
were doing the correct thing, they violated Fosters freedom of expression.
Within a case between Island Trees School District v. Pico, we find the school district
who wanted to take out a couple of books from the library due to some of the content found
within the books that were in their beliefs, antiAmerican, antiChristian, antiSemitic, and just
plain filthy says an article on the case. (Hardin, J. P.,2016). When the case was taken to court,
the court came to the decision that the books could not be taken out due to a violation within the
First Amendment. Another reason why it was not taken away was because the books were not
Escalante 3
mandatory books that needed to be read by the students and books cannot be taken off the
Fosters freedom rights were not violated. Within a court case Bethel School Districts
against the student Mathew Fraser. Within this case, the student was giving his speech for his
nomination within the student body. The speech contained various inappropriate things that
grabbed the districts attention. When this case was taken to Washington Supreme court they
agreed that it went against his rights but when the district went to the United States Supreme
Court, the court had a different opinion. The court said "The purpose of public education in
consideration of the political sensibilities of other students." (Key Supreme Court Cases: Bethel
School District v. Fraser) By stating this information, it related back to Foster for the purpose of
education and the other students who are trying to learn as well.
Within another case of Morse v. Fredrick, the student Joseph Fredrick displayed a poster
like figure which showed that drugs should be used although that may have not been the message
that he was trying to provide. The banner said Bong Hits 4 Jesus, which was used within a
relay that occurred in January at the high school. When the school district discovered that he had
made a banner, they suspended the student. Although the student has freedom of speech and
expression rights, the court went against him saying take steps to safeguard those entrusted to
their care from speech that can reasonably be regarded as encouraging illegal drug use.(Facts
and Case Summary - Morse v. Frederick) In Fosters case some people may view things
differently, but in the end the school is trying to look out for what is best for the student and their
After viewing both sides and reading about other cases that followed along the same path.
My decision is that Fosters rights were not violated. I believe that the school may have
suspended him too quick since the scenario shows that he did not get a warning of any sort but
the school has a policy. As presented in the case with Fraser, the courts response abut public
education and considering the students around creates a good point. Although Foster was just
wearing the earring to be attractive, it could easily be avoided and used outside of school. With
Fredricks case the court said The First Amendment does not require schools to tolerate at
school events student expression that contributes to those dangers. The school tries to avoid
certain dangers with the policies that they adapt. Students do have rights but at the same time
they have to keep in mind that they are there to learn which is what every student wants. An
References
Facts and Case Summary - Morse v. Frederick. (n.d.). Retrieved February 20, 2016
Hardin, J. P. (2016). Historic Supreme Court Cases. Retrieved February 20, 2016
Hudson, D. L., Jr. (2002, April 1). First Amendment Center. Retrieved February 20, 2016
Key Supreme Court Cases: Bethel School District v. Fraser (ABA Division for Public
Education). (n.d.). Retrieved February 20, 2016