The Five Freedoms Project

You Be The Judge

Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.

June 2009

Dress Codes & Free Speech

A high school student wore blue jeans to school in the sagging style that is currently popular. School officials reminded the student of the school’s dress code policy prohibiting saggy pants. He refused, explaining that he wore the pants to convey the particular message of African American heritage in the hip-hop fashion and lifestyle. After receiving a long-term suspension, the student sued the district and claimed that the policy violated his First Amendment rights, and that the procedures used in imposing the long-term suspension violated his right to procedural due process.

May schools require students to pull up their pants?

Vote Now!

  • 37%
    A. YES
    Despite the student’s personal clarity about the message he was sending, the wearing of saggy pants does not represent anything symbolic to the average observer, and therefore does not rise to the level of speech that is protected by the First Amendment.
  • 30%
    B. YES
    Students in public schools do not have the right to disobey any school dress code policy, even if they feel it violates their First Amendment rights.
  • 33%
    C. NO
    The First Amendment exists to protect each individual’s right to say whatever he or she wants to say. The courts have a responsibility to intervene any time that basic right is violated in the name of power or authority.

  • Correct!

    In the 1995 case of Bivens v. Albuquerque Public Schools, a state court in New Mexico rejected the student’s First Amendment claim by finding that a reasonable observer would not find a particularized message in his conduct. “Sagging is not necessarily associated with a single racial or cultural group, and sagging is seen by some merely as a fashion trend followed by many adolescents all over the United States,” the court wrote.

  • Incorrect

    In Tinker v. Des Moines (1969), the U.S. Supreme Court ruled that before school officials can censor student speech, they must reasonably forecast that the speech will cause a substantial disruption or invade the rights of others. A court could therefore cite Tinker either to uphold or deny a student’s free-speech claim, depending on the facts.

  • Incorrect

    The First Amendment does not apply to all speech equally; it is most concerned with speech that reflects a person’s political and/or religious convictions. In this case, the court decided that the student’s symbolic speech did not rise to the level of First Amendment protection. If it had, the court may have ruled differently.

Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinion.

DO YOU AGREE WITH THE COURT’S DECISION? WHY OR WHY NOT?

Visit the Soapbox at network.fivefreedoms.org to share your voice!

WHAT DO YOU THINK OF THE COURT'S DECISION?

0 responses to Dress Codes & Free Speech

Add your own response.