RUNNING HEAD: Artifact #4 Students’ Rights and Responsibilities 1

Artifact # 4

Students’ Rights and Responsibilities

Genevieve Weems

College of Southern Nevada

November 2, 2017
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A high school in the US has a dress code prohibiting the wearing of gang symbols such

as jewelry, emblems, earrings, and athletic caps. The policy was made in response to gang

activity at the school. A student, Bill Foster, who was not involved in gang activity wore an

earring to school. While he thought of it as a form of self-expression, the school did not see it

that way and suspended him. The student then filed a suit against the school for violating his

freedom of speech.

The landmark case that lead to clothing being an expression of free speech was Tinker v.

Des Moines. Back when the US was at war with Vietnam students put together a protest the war.

They decided to wear black arm bands to school on a certain day. The school caught wind of this

and banned arm bands. Seven of the students still wore the bands to school, five of them were

suspended. The students filed a suit against the school for taking away their free speech. The

court decided that seven kids were not going to disrupt the other students, and that the students

had the right to peacefully protest.

In another case, a student wore a tee-shirt displaying a gun on the front. Though the

school had a policy against weapons displayed on clothing. However, this student’s shirt

included a message in support of the United States Marines. He also filed a suit when he was

suspended. He claimed that he could show his support for those who fight for our nation. The

court agreed with this, saying that showing support of the marines fell under his rights to free

speech.

At Poway High School a student disputed a dress code claim after refusing to change

shirts. This shirt read “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS

CONDEMED” on the front and “HOMOSEXUALITY IS SHAMEFUL”. This was worn during

a “straight pride day” organized by the students where many wore shirts that had derogatory
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statements about homosexuality. The student claimed that he could express his opinion, again,

due to free speech. However, the judge found that the school handled this correctly, as they have

an anti-hate speech policy.

The last case is of a student from my own school district who was repeatedly suspended

for breaking the school uniform dress code. Kimberly Jacobs attended Liberty High School,

where the uniform is khaki-colored bottoms and solid-color tops with no writing on it. Jacobs

claimed that this took away her ability to express herself and her religion. The original court

ruled in her favor, erasing her suspensions and removing dress code for her alone. However, the

appeals court agreed with the school. The dress code supports educational goals. The students

can express themselves in many other ways.

I believe that in this case the court would rule in favor of the school. The student was not

expressing an opinion or protesting by wearing the earring. He just thought it looked good. He

was going in direct defiance of the school’s policies on gang symbols. If this was in protest or

expressing more of an opinion I could see them ruling in his favor, as he was not affiliated with

any gangs. However, as just a fashion choice, the earring should not me worn to school again.
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References

Griggs v. Fort Wayne City Of, et al (1:15-cv-00070), Indiana Northern District Court. (n.d.).
Retrieved November 02, 2017, from
https://www.pacermonitor.com/public/case/7799413/Griggs_v_Fort_Wayne_City_Of,_et
_al

FindLaw's United States Ninth Circuit case and opinions. (n.d.). Retrieved November 02, 2017,
from http://caselaw.findlaw.com/us-9th-circuit/1204345.html

FindLaw's United States Ninth Circuit case and opinions. (n.d.). Retrieved November 02, 2017,
from http://caselaw.findlaw.com/us-9th-circuit/1356455.html

Tinker v. Des Moines Independent Community School District. (n.d.). Oyez. Retrieved
November 2, 2017, from https://www.oyez.org/cases/1968/21