Yessica Velasquez

Edu 210
October 1, 2018

Article #4

In a high school located in the northeastern part of the United States has a policy in

prohibiting the wearing of any gang related symbols. This policy was brought upon the idea of

trying to prevent any gang related activities. A student at this large high school named Bill Foster

was a student who was not involved in any gang activity wore an earring to schools. His belief

on wearing this earring was on an act to attract young females. Bill foster was suspended and has

filed a suit.

In a case in 2014 a 12 year old boy named Dustin Cole wore a shirt that had an American

flag them with the state of California bear logo on it. He was issued a dress code violation

because the stats were “gang related”. The principal requested that the student turn the shirt

inside out to keep everyone safe. Dustin Cole does attend a school were gangs are an issue in the

area. That being an issue, It is for everyone safety that Dustin was to turn his shirt inside out.

When looking at the reason why it makes completely sense that dustin would be called out on his

dress code and even so he was a model student his shirt could have been misinterpret and could

have caused a bigger problem.

In Marvin Sedway Middle school 15 students were suspended for were all the same color

shirt. They were all handed an alternate color shirt, they had all been cited for waring a gang

related color t-shirt. According to the Clark county school District it regulates that allows any

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principal to ban any specific item of clothing that can be viewed as gang-related or distracting

from the learning process. They say “We want a safe school environment where students are not

harassed or intimidated” says principal of Marvin Sedway. The students all said the color of

shirts were not related to gang. I believe the school was in the right to give the students a change

of shirts for the protection of the student themselves. Being were the area of the school was any

gang related activity can be very dangerous for a child.

In a school located in Penn Hills School district suspended dozens of students for various

of dress code violations. Dixon is 18 years old and was suspended for wearing his high school

hoodie. Dixon says “supporting school and get suspended for supporting school”. The school

district implemented the policy that states “Students may war garments with hood to school but

must remove them and place them in lockers or bags once school beings”. The administration at

Penn Hills high school stated that there reasoning in suspending students were that they could

potentially gang related. I believe this this was a bit excessive do to the fact that Dixon was

wearing a school emblem hoodie. This in no wear could have lead the the assumption that it was

gang related. I think that why would a school pass out hoodies if they did not want students to

wear and support the school. I could understand if the hoodie was a solid color non school

related but Dixon hoodie was school related and in no need should have caused any problems to

the student.

In Tinker v. Des Moines Independent School District, the court recognized that students’

choice of clothing can communicate certain messages and ideas which are protected by the 1st

amendment. In this case several students decided to wear black armbands to protect U.S.

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involvement in Vietnam, which entitled them to constitutional protection. Which is a difficult

line to cross between violating dress code or violations first amendment rights.

For this reason the court have recognized that students have the right to protest school policies as

long as it is done in a non disruptive manner. This court made it clear that students have mort

First amendment protection when it comes to wearing a protest button than to wear certain types

of clothing. Which in our case the boy wearing the earrings could argue this First amendment

right because he is not in a gang and he is not wearing clothing against dress code. The supreme

Court has never decided a student dress code case, meaning his odds in fighting it would be

good.

In Bill Freedom, I believe that the idea that the school is aware that they have certain dress

codes do to the reason of the area of the school is located. Gang affiliation is very problematic

and this is the reason for such dress code to take place in the first place. In Bills case I believe the

school should have provided him with a warning and reasoning on why he could not wear a

specific earring. There was no need to suspended the student unless he decided to not comply

and continued to wear the earring . Suspending Bill for wearing an earning and giving him no

reasoning on why so is not okay and will lead to confusion. I also understand that the school is

doing this for the safety of children but In cases such as Bills which was not as extensive should

have not lead him to be suspended.

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 Reference Page

Student Punished For 'gang Related' T-shirt Purchased At Kohl's

Jennifer O'Neill - https://www.yahoo.com/news/student-punished-for-gang-
related-t-shirt-175846892.html

Students Suspended, Accused Of Wearing Gang Colors To School

Mary Manning-Emily Richmond - https://lasvegassun.com/news/2003/oct/
23/students-suspended-accused-of-wearing-gang-colors-/
Select
'it's Cold In The School': Student Suspended For Wearing Hoodie Speaks
Out
https://pittsburgh.cbslocal.com/2016/10/03/its-cold-in-the-school-students-
suspended-for-wearing-hoodies-speak-out/

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