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Portfolio Artifact #4

Students’ Rights and Responsibilities

Madison Evans

Edu 210

Dr. Dale B. Warby

9/24/18
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A high school prohibited gang related symbols in schools including jewelry, emblems,

earrings, and athletic caps. This policy was due to the amount of gang related activities

happening at the school. A student, Bill Foster, wore an earring to school for self-expression and

to show his belief that men can look attractive in earrings. It was not gang affiliated. The school

suspended him for wearing the earring. The court cases that support the school’s side are

Schenck v. United States (1919) and Morse v. Frederick (2007). The court cases that support

Foster’s side are Tinker v. Des Moines (1969) and Texas v. Johnson (1989).

In the Schenck v. United States (1919) case, a man was convicted for handing out anti-

war flyers to draftees during World War 1. The Supreme Court ruled that this was constitutional

because the flyers created a “clear and present danger” to the citizens of the country (Justia). In

wearing apparel that may be gang affiliated, the student could cause commotion and danger in

the school between students. The school has the right to protect the students, which is more

important than freedom of speech.

In the Morse v. Frederick (2007) case, Joseph Frederick attended a school event with a

poster that said, “Bong Hits 4 Jesus”. The principal told him to put the poster away, but after the

student refused to comply, the principal took away the poster and suspended Frederick for 10

days. The Supreme Court ruled that it was constitutional because the school actively discouraged

drug use (Justia). Bill Foster’s right to wear an earring is outweighed by his school’s mission to

decrease gang activities.

In the Tinker v. Des Moines (1969) case, students at a high school wore black armbands

in protest of the Vietnam War. The Supreme Court ruled that this was okay because it was

symbolic speech and is protected by the first amendment (Justia). Bill Foster wore the earring to
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express himself and the idea that men could look attractive in jewelry. Therefore, it would be

unconstitutional to suspend him for wearing the earring.

In the Gitlow v. New York (1925) case, Benjamin Gitlow was arrested after publishing

an article that suggested overthrowing the government. The Supreme Court upheld the

conviction, but also held that first amendment rights are applicable to the states because of the

due process clause of the fourteenth amendment (Justia). This means that Bill Foster has the right

to free speech since it is protected by the states.

The Supreme Court would probably rule in favor of Bill Foster. The earring he wore was

not affiliated with gangs; the earring was worn as a mode of self-expression and to the express

the idea that men can look attractive in jewelry. The Tinker v. Des Moines case upheld that

symbolic speech was constitutional, and Gitlow v. New York upheld that states have the right to

free speech.
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References

Justia. (n.d.). Gitlow v. New York, 268 U.S. 652 (1925). Retrieved September 29, 2018, from

https://supreme.justia.com/cases/federal/us/268/652/

Justia. (n.d.). Morse v. Frederick, 551 U.S. 393 (2007). Retrieved September 29, 2018, from

https://supreme.justia.com/cases/federal/us/551/393/

Justia. (n.d.). Schenck v. United States, 249 U.S. 47 (1919). Retrieved September 29, 2018, from

https://supreme.justia.com/cases/federal/us/249/47/

Justia. (n.d.). Tinker v. Des Moines Independent Community School District, 393 U.S. 503

(1969). Retrieved September 29, 2018, from

https://supreme.justia.com/cases/federal/us/393/503/