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Assignment Submission #4

Teresa Escalante

EDU 210

February 19, 2016

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Within a high school found within the United States, a student by the name of Bill Foster

was wearing an earring. Due to this, Foster was suspended for violating a policy that was

accepted by the school. The policy surrounded the focus on all things related with gangs. Foster

was not involved in any gang activity therefore he filled a suit against the school. The question is

now asked on who is correct and where the freedom rights stand within this case.

Fosters freedom rights were violated. A court case occurred between Tinker and a school

in Des Moines, Iowa. Students were wearing black bands that were around this arm. The reason

that they wore it was to protest against the war that was occurring in Vietnam. Eventually the

principal of the school heard and told the students that they would be suspended if they

continued to wear those bands, yet the students ignored the principal and continued wearing it.

Therefore the students who were the bands were suspended. The students suspension did not

please the parents, so the parents sued. The case was then founded in court. When it was time to

make the decision, the court said that, Students don't shed their constitutional rights at the

school house gates." (Tinker v. Des Moines Podcast) With that statement the parents of the

suspended students won. This related to Fosters case because although the school thought they

were doing the correct thing, they violated Fosters freedom of expression.

Within a case between Island Trees School District v. Pico, we find the school district

who wanted to take out a couple of books from the library due to some of the content found

within the books that were in their beliefs, antiAmerican, antiChristian, antiSemitic, and just

plain filthy says an article on the case. (Hardin, J. P.,2016). When the case was taken to court,

the court came to the decision that the books could not be taken out due to a violation within the

First Amendment. Another reason why it was not taken away was because the books were not
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mandatory books that needed to be read by the students and books cannot be taken off the

shelves just because someone or a couple people do not like it.

Fosters freedom rights were not violated. Within a court case Bethel School Districts

against the student Mathew Fraser. Within this case, the student was giving his speech for his

nomination within the student body. The speech contained various inappropriate things that

grabbed the districts attention. When this case was taken to Washington Supreme court they

agreed that it went against his rights but when the district went to the United States Supreme

Court, the court had a different opinion. The court said "The purpose of public education in

America is to teach fundamental values," he wrote." These fundamental valuesmustinclude

consideration of the political sensibilities of other students." (Key Supreme Court Cases: Bethel

School District v. Fraser) By stating this information, it related back to Foster for the purpose of

education and the other students who are trying to learn as well.

Within another case of Morse v. Fredrick, the student Joseph Fredrick displayed a poster

like figure which showed that drugs should be used although that may have not been the message

that he was trying to provide. The banner said Bong Hits 4 Jesus, which was used within a

relay that occurred in January at the high school. When the school district discovered that he had

made a banner, they suspended the student. Although the student has freedom of speech and

expression rights, the court went against him saying take steps to safeguard those entrusted to

their care from speech that can reasonably be regarded as encouraging illegal drug use.(Facts

and Case Summary - Morse v. Frederick) In Fosters case some people may view things

differently, but in the end the school is trying to look out for what is best for the student and their

education since they are the future of America.

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After viewing both sides and reading about other cases that followed along the same path.

My decision is that Fosters rights were not violated. I believe that the school may have

suspended him too quick since the scenario shows that he did not get a warning of any sort but

the school has a policy. As presented in the case with Fraser, the courts response abut public

education and considering the students around creates a good point. Although Foster was just

wearing the earring to be attractive, it could easily be avoided and used outside of school. With

Fredricks case the court said The First Amendment does not require schools to tolerate at

school events student expression that contributes to those dangers. The school tries to avoid

certain dangers with the policies that they adapt. Students do have rights but at the same time

they have to keep in mind that they are there to learn which is what every student wants. An

opportunity to grasp all the knowledge.

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References

Facts and Case Summary - Morse v. Frederick. (n.d.). Retrieved February 20, 2016

Hardin, J. P. (2016). Historic Supreme Court Cases. Retrieved February 20, 2016

Hudson, D. L., Jr. (2002, April 1). First Amendment Center. Retrieved February 20, 2016

Key Supreme Court Cases: Bethel School District v. Fraser (ABA Division for Public
Education). (n.d.). Retrieved February 20, 2016

Tinker v. Des Moines Podcast. (n.d.). Retrieved February 20, 2016

Your 1st Amendment Rights. (2015). Retrieved February 20, 2016