Portfolio 4

Portfolio 4 Assignment
Karina Solovieva
College of Southern Nevada

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A big high school in the northeastern United States commonly deals with gang activity.
Because of this activity the school initiated a policy prohibiting the wear of gang symbols such
as jewelry, emblems, earrings, and athletic caps. Bill Foster, who attends this school and has no
involvement with gang activity wore an earring to school as a form of expression. He believed
that young women found it attractive. He was suspended for this activity, he filed a suit. The
great question here is, were his rights of expression violated?
In Tinker v. Des Moines School District, students wore black armbands in protest of U.S.
involvement in the Vietnam War. As a result the school banned wearing of the armbands but no
other symbolic materials. Because the students didnt comply with the new policy and kept
wearing the armbands they were suspended. The court held that this form of expression was not
disruptive to the school activities and the school could not censor the students speech. (Tinker v.
Des Moines School Dist., 393 U.S. 503)
Looking into, Burnside v. Byars, a group of students, in an all-black school, wore
freedom buttons to protest racial segregation. The principal believed that wearing of these
buttons could be disruptive and cause disorder. Therefore, asking the students to remove the
buttons from their wear. The Fifth Circuit panel disagreed with the principal stating that there is
no prove that these buttons would cause a disturbance in the school. (Burnside v. Byars, 363 F.2d
744)
When looking at, Boroff v. Van Wert City Board of Education, a student wore a Marilyn
Mason shirt to school. Because of the artists image the school found the shirt offensive and
against the schools dress code. The school asked the student to either turn the shirt inside out or
leave. The student chose to leave claiming the school was violating his First Amendment. In this

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case the court sided with the school supporting the school in prohibiting offensive and vulgar
clothing. (Boroff v. Van Wert City Board of Education, 240 F.3d 465)
Looking at Melton v. Young, a student was suspended for wearing a jacked that contained
an emblem of the Confederate flag. At the time, because of racial tension the school has
prohibited the use of the flag and described it as a provocative symbol. Even though the district
court found the dress code to be vague it supported the suspension of the student. Concluding
that wearing of the Confederate flag to be disruptive to the school.
Unfortunately, during my research I did not come across a case involving dress code
policy related to gangs. Although, our book gave an example of this kind of case. Where a school
implemented a policy prohibiting gang related dress. However, the school has failed to
accurately describe gang related attire. Now, looking at our situation with Bill Foster. This
scenario took place in the northeastern United Sates. Which includes circuits that support dress
as a form of expression and those that do not. Looking at the cases I have come across during
this research, it is hard to decide how the court will rule. I think a major point to consider is
whether Bills wearing of the earring was disruptive to the school activities. Personally, I do not
believe it is a disruptive. Therefore, I think the court would rule in Bills favor.

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References
Boroff v. Van Wert City Board of Education, 240 F.3d 465 (6th Cir. 2000). (n.d.). Retrieved
September 29, 2015, from http://www.firstamendmentschools.org/freedoms/case.aspx?
id=1685,
Burnside v. Byars, 363 F.2d 744 (5th Cir. 1966). (n.d.). Retrieved September 29, 2015, from
http://www.firstamendmentschools.org/freedoms/case.aspx?id=1685
Melton v. Young, 465 F.2d 1332 (6th Cir. 1972). (n.d.). Retrieved September 29, 2015, from
http://www.firstamendmentschools.org/freedoms/case.aspx?id=1685
Tinker v. Des Moines School Dist., 393 U.S. 503 (1969). (n.d.). Retrieved September 29, 2015,
from http://www.firstamendmentschools.org/freedoms/case.aspx?id=1685