QUESTION $5$

$1$

A small town has a problem with fights breaking out between groups of teenagers who live in different parts of the county. One group, who live on Blackstone Road, wear black Adidas hats to identify themselves. The other, who live on Greenbriar Trail, wear green John Deere hats. Because fights have become common at the high school, the school board passed a rule banning headwear of any kind on school grounds. Later that school year, a new student moved in from Jamaica and is a practicing Rasafarian. As a Rastafarian, he is not required to cover his head, but within his faith covering one's head is a sign of devotion to God and the student is very devoted to his faith. When he is banned from wearing his head covering to school, his parents sue the school for violating his First Amendment rights.

Question: Go back to the original facts of the case and assume the new student's parents sue the school, not on religious freedom grounds but on grounds that by preventing their son from wearing his choice of headwear, the school is denying him freedom of speech$-$specifically his right to expressive conduct. Add to the original facts that the student is a Jamaican national and not an American citizen. What is the school's best defense?

$[$Hint: Unit $3$ Notes, p$.3,7-8$; Con Law Grid, pp$.6-7]$

The student has no right to sue because he is not a US citizen

Regulating headwear is reasonably necessary to advance the educational mission of the school

Students have no constitutional rights while they are at school

The school's policy is justified because it infringes everyone's rights in the same way