Student’s Rights 1

Student’s Rights & Responsibilities

Tracy Blackwell

Education 210: Nevada School Law

Instructor: Herington, S.

September 27, 2012

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Schools are ultimately responsible to abide by Federal laws such as the Constitution. In

the First Amendment it states that “Congress shall make no law respecting an establishment of

religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the

press; or the right of the people peaceably to assemble, and to petition the Government for a

redress of grievances. If that is the case then a school district, being a representative of our

government system must also abide by these same principles. Does freedom of speech stop at

just speech and or our words? Wouldn’t it also include our expressions? A young man by the

name of Bill Foster thought so.

Bill was recently suspended from his high school for wearing an earring to school. He

had only worn this piece of jewelry because he felt it was expressive of who he was and that it

was fashionably attractive to the young women of his school. These were the only reasons he

wore the piece of jewelry. It had nothing to do with gang representation or some other hidden

meaning. Unfortunately for Bill, his school had previous implemented a policy wherein it was

prohibited that students wear items which were viewed as gang related. This included everything

from ball caps, certain emblems and earrings and other jewelry types. Because of the prevalent

gang activity in Bill’s school, these policies were enacted. And due to Bill’s fashion statement,

he was disciplined. Instead of ladies, his expression got him removed.

Bill and his parents felt the young man’s first amendment rights were being suppressed.

The [Supreme] Court emphasized that “students in school as well as out of school are ‘persons’

under our Constitution. They are possessed of fundamental rights which the state must respect”

[Cambron/pg.100]. Bill’s earring was not likely to disrupt the educational process or collide

with the rights of other students, and for this reason it was necessary they fight the schools

actions brought against him. In examining Bills situation, one might liken it to the landmark
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case, “Tinker v. Des Moines Independent School District”, wherein three students were

suspended for expressing their opinions of the Vietnam war by wearing arm bands. The

Supreme Court came to conclude that their expression made by wearing these bands did not

cause harm nor disturb the school’s setting, although the school officials believed it could

potentially bring problems. The Court ruled that “undifferentiated fear or apprehension of

disturbance is in to enough to overcome the right to freedom of expression” [Cambron/pg.100].

Is this not exactly what Bill was being faced with at his school?

[Cambron/pg.229]
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References

Cambro-McCabe, McCarthy, Thomas. (2004) Legal Rights of Teachers and Students – 2nd

Edition. Pearson Education, Inc. Boston, NY