Professional Documents
Culture Documents
Case Scenario
Brayan Martinez
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
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)
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
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
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