Dress Code Policy and Freedom of Speech

When districts create policies addressing dress code policy, they must ensure the goal is to protect the learning environment while also imposing reasonable measures in doing so. When developing policy, administrators should know about the following court cases:

6th U.S. Court of Appeals ruled that a student's desire to wear clothes inconsistent with the school's dress code policy was not excessive conduct [Blau v. Fort Thomas Public School District (2005)].

8th U.S. Circuit Court of Appeals ruled that a student's tattoo was not expressive conduct [Stephenson v. Davenport Community School District (1997)].

5th U.S. Circuit Court of Appeals ruled that a student's desire to wear long hair was not expressive conduct [Karr v. Schmidt (1972)].

A federal court in Illinois ruled that a male student's desire to wear an earring was not expressive conduct [Olesen v. Board of Education of School District Number 228 (1987)].

A federal court in Florida ruled that a female student's desire to wear male clothing for her senior portrait was not expressive conduct [Youngblood v. School Board of Hillsborough County].

However in the last case, Youngblood filed an appeal and during the wait the School Board of Hillsborough County agreed to modify its dress code so that it did not force sex-differentiated wear. Whether the school wanted to reduce expenditures for legal proceeding or it believed it could lose to the appeal, school districts have to enforce dress code policies that are fair, even if it is not strictly a constitutional requirement.

In order to navigate the murky waters concerning student expression, First Amendment Schools provides a considerable amount of information on its website to assist school administrators, teachers, and board members.

Resources
First Amendment Schools (2007) Dress Code: Analysis and Commentary. Resource accessed online at: http://www.firstamendmentschools.org/resources/policy.aspx?item=dress_code

First Amendment Schools (2007) Key Court Cases. Resource accessed online at: http://www.firstamendmentschools.org/freedoms/speechcases.aspx.

Madrid, M. (1999) Student Dress Codes: Constitutional Requirements and Policy Suggestions. Resource accessed online at: http://www.modrall.com/articles/article_13.html.