Board Of Education V. Foster Case Study

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Recommended: First Amendment rights in schools

Student’s Rights and Responsibilities: Board of Education v. Foster The case under review involves Bill Foster, who attends a large high school in the northeastern part of the United States. Due to a strong gang presence in the high school, the administrators created a strict policy which denies students the wearing of earrings, jewelry, athletic caps, and emblems. Foster was suspended for wearing an earring to school. He claims that wearing the earring was a form of his self expression and individuality; his intention was not as a gang emblem, but rather a means to attract girls. Foster is suing the school district for violation of his freedom of expression right, guaranteed under the First Amendment of the United States Constitution. …show more content…

Caney Independent School District. Much like Foster’s school, David Chalifoux’s school banned the wearing of rosaries due to gang related symbolism. David Chalifoux and Jerry Robertson were both placed on academic suspension for wearing rosaries to school. In that case, the school district was unable to show sufficient evidence that the wearing of rosaries was predominately gang related. David Hittner, US District Judge, wrote: “surely there are a number of more effective means available to [the school district], other than a blanket ban on wearing rosaries, to control gang activity and ensure the safety of its schools” (Hudson Jr., D., 2015). Likewise, Foster’s defense reasons, the school’s blanket ban on the wearing of earrings is in direct violation of Foster’s constitutionally protected freedom of …show more content…

Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment

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