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Tina Johnsen
October 3, 2016
GANGS OR GIRLS? 2
the First Amendment or that the student violated a school dress code policy
will be decided. Bill Foster, the student at the center of the case, wore an
earring to school and was suspended. The school had recently initiated a
policy against wearing gang symbols. These items were listed as jewelry,
emblems, earrings, and athletic caps. Bill was not involved in gang activity
and states that he wore the earring because the girls found it attractive. Was
Right off the bat, one must question whether due process was
followed. In the case of Goss vs. Lopez, 419 U.S. 565 (1975) it was determined
that the students due process rights had been violated. The court held that
as property interests protected by the Due Process Clause that could not be
hearing, so depending on this detail, the court could side with Bill.
Even if Bill had been given proper due process, the court still needs to
Davenport Community School District, 110 F.3d. 1303 (1997), it reflected similar
circumstances, a vague dress code policy. The court ruled the schools
policy was too vague because it did not give students enough information
GANGS OR GIRLS? 3
about exactly what expression was prohibited. Therefore Bill should not
In defense of the school regarding the dress code, Oleson vs. Board of
Education of School District No. 228, 676 F.Supp. 820 (1987) can be used. The
court upheld the districts policy concluding that the boards concern for the
safety and well-being of its students and the curtailment of gang activities
was rational and did not violate the First Amendment. In the case of Bill
Foster, the schools policy was in place for the very reason of increased gang
Set by the case, Tinker vs. Des Moines Independent School District, 393 US
503 (1969), schools can argue that gang symbols can lead to interference of
Wilson, 1998). Again, with the earring being stated as a banned piece of
Review of this case found that other courts have favored both sides. In
this case however, the court would support the school. Although the scenario
did not state whether due process was followed, it would still support that
the dress code policy was put in place specifically to curb gang activity that
had recently become prevalent in the school. Therefore, using the Tinker
Standard, the court could uphold the schools suspension of Bill Foster based
GANGS OR GIRLS? 4
References
Goss vs. Lopez, 419 U.S. 565 (1975). Oyez. Retrieved September 30, 2016, from
https://www.oyez.org/cases/1974/73-898
Mitchell Wilson, A. (1998). Public Dress Codes: The Constitutional Debate. Brigham Young
University Education and Law Journal. Retrieved September 30, 2016, from
http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1086&context=elj
Oleson vs. Board of Education of School District No. 228, 676 F.Supp. 820 (1987). Justia US
courts/FSupp/676/820/1626122
Stephenson vs. Davenport Community School District, 110 F.3d. 1303 (1997).
http://landmarkcases.org/en/Page/241/Gangs_Tattoos_and_Symbolic_Sp
eech
Tinker vs. Des Moines Independent School District, 393 US 503 (1969). FindLaw. Retrieved
Underwood, J. & Webb, L.D. (2006). School Law for Teachers. Upper Saddle River, NJ: Pearson
Education Inc.