A students’ First Amendment at risk

PORTFOLIO ARTIFACT #4

Ana Mota
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Young children, especially adolescents, are in a stage where they want to express their

feelings and thoughts in every manner possible. In this situation a student has been suspended

for trying to use his freedom of expression. In this situation we have a high school suspending a

student for violating the schools dress code policy. After being sued, the High School will be

using Jacobs v. Clark County School District (2008) and Karr v. Schmidt(year) to defend their

decision, towards the student, and their strict dress code. While the student will be using

Chandler v. McMinnville School District and Pyle v. School Committee of South Hadley to stand

his ground and defend his First Amendment.

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For this scenario we have Bill foster, who has been suspended from school after wearing

an earring which went against the schools’ dress code. This school is a large high school where

gang activity is always present, located in Northeastern United States. For this reason, the school

created their dress code, to prevent gang promotion and violence within the school. Bill Foster

believed that he would be able to use his earring, since he was known to not be involved in any

gang and instead wanted to use it to impress the young female students from his school.

In the court case Jacobs v. Clark County School District (2008), Kimberly Jacobs was

suspended from school five times, 25 days in total, for wearing T-shirts that expressed her

religious believes. This went against her schools’ dress code and she and her parent filled a law

suit against the Clark County School District for violating Jacobs’ due process, freedom of

religion, and freedom of expression. The school district defended its decision by stating that their

dress code was created “for all students in the interest of promoting student achievement,

safety, and enhancing a positive school environment.” Knowing what the schools strict dress

code was she decided to wear it, making other aware of her religious beliefs, which other

students might take negatively due to the variety of religions in schools. The court ruled in favor

of the School District reasoning that the students’ rights were not violated (Jacobs v. Clark

County School District , 2008). In our case the High School was had created their dress code to

keep students safe and create a safe place for all its’ students as well.

Another court case the High School can use is Karr v. Schmidt (1972), in where the

Principle of a Taxes high school was sued by a student who wanted to be accepted into to high

school. The student was not granted admission because of the length of his hair, which went

against the school dress code in where the male students could not have their hair covering his
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ears or color. The student sued because it violated his freedom of expression. The court in this

case ruled in favor of the school stating that the student cannot force the school to accept him

because he has no constitutional right to wear his hair as he wants at the school (Kerr V.

Schmidt, 2006). In our case, Bill Foster did not have an important reason of why he wanted to

wear his earring. He wanted the school to accept something he thought made him more

attractive to his female peers, which he thought was important.

In contrary, Bill Foster can use the court case Chandler v. McMinnville School District

(1992). In this court case two students spread buttons with the word “scab” to other children in

their school, in support for their parents who where protesting teachers. The school tried to ban

the use of the buttons in the school. The students sued and claimed that this violated the

student freedom of expression. The court ruled in favor of the students, reasoning that the

school could not ban the buttons unless it became a substantial destruction to the students and

their education. Giving the students the right to spread support for the teachers (Chandler v.

McMinnville School Dist., 2006). Bill Foster can also claim that since he was not using the earring

to promote any gang activity he could not be persecuted for disrupting the education of his

fellow classmates or teachers’ plans.

Bill Foster can also use the Pyle v. School Committee of South Hadley (1996), in where

two students had vulgar T-shirts. The school administrators told the students and the students

sued claiming that the school had tried to violate their first amendment. The court ruled in favor

of the students, reasoning that the students had the right to wear vulgar speech if it did not

cause a disruption in their school (Pyle v. School Committee of South Hadley, 2006). Bill Foster

again did not cause a disruption within his school. Vulgar language is accepted as a freedom of
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speech, so wearing earrings to school should not cause a problem. It is not just gangs that wear

earrings, many people do who also do not belong to gangs. Girls wear them for beauty, so men

should be able to express themselves in this way as well.

Based on the court cases that I have mentioned, Bill Foster should not be given the right

to wear earrings in his school. Schools dress codes are made for many reasons but, the most

important is for the safety of the students. In the case of Karr v. Schmidt, the school requires

that for safety, for their hair not to cover their vision. In the case of Jacobs v. Clark County School

District Kimberly Jacobs wanted to make a disruption with her shirt knowing the strict dress code

that her school followed. She wore it with a purpose to bring attention to herself distract her

classmates and teachers.

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References

Chandler v. McMinnville School Dist. (2006). Retrieved from First Amendment Schools :

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1676

Jacobs v. Clark County School District . (2008, May 12). Retrieved from Law.com:

https://www.law.com/almID/1202421325288/?slreturn=20180901223010

Kerr V. Schmidt. (2006). Retrieved from First Amendment Schools:

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1671

Pyle v. School Committee of South Hadley. (2006). Retrieved from First Amendment Schools:

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1680