Dress Codes and Students' First Amendment Rights

A fashion trend of our generation has become baggy pants. Walking down the street you could probably pass several people and wonder to yourself just how are their pants staying up. Baggy pants have become a topic of conversion for school officials. There have been debates across the country, including one in a western Pennsylvania school district (http://pittsburgh.cbslocal.com/2011/03/17/local-principal-takes-stand-against-saggy-pants/), to add wearing baggy pants as violation of the dress code and the assessed punishment. Restrictions on what public school students wear to school have become a controversial First Amendment issue.

Many supporters of school uniforms or dress codes claim that such clothing policies instill discipline, prevent gang-related violence, lessen peer pressure due to socioeconomic divisions, and promote school unity (http://www.firstamendmentcenter.org/clothing-dress-codes-uniforms). While opponents claim that with such clothing policies in place, students’ individuality and personal freedom are restricted.

Recently in St. Louis, Alderman Marlene Davis of the 19^th Ward has gone even a step farther to propose a ban on people wearing “pants below the waist which exposes the skin or undergarments” in public (http://www.stltoday.com/news/local/metro/st-louis-alderman-seeks-to-ban-sagging-pants/article_3a0ab5a5-9411-566f-bcfb-0223b11120cd.html).  As you can imagine, Alderman Davis has many opponents both in the public and on the Alderman Board.

Tinker v. Des Moines Independent Community School District (1969), has ironically been cited by both supporters and opponents of school dress codes (http://www.firstamendmentcenter.org/clothing-dress-codes-uniforms). As we briefly discussed in class, the Tinker case was centered on censorship of student expression in public schools. Petitioners John Tinker, Christopher Eckhardt, and Mary Beth Tinker were sent home from school and suspended for wearing a black armband to school in opposition of the Vietnam War (http://www.nesl.edu/research/rsguides/Anthony_Scibetta.html).

The Supreme Court ruled that school officials could not censor student expression unless they could “forecast that the student expression would cause substantial disruption” (http://www.firstamendmentcenter.org/clothing-dress-codes-uniforms).  Supporters of school dress code will point to another part of the Court’s ruling. The Court ruled that this decision does not pertain to regulations on “the length of skirts or the type of clothing, to hairstyle or deportment” (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=393&invol=503).  The Tinker case was the first dress code case ruled by the Supreme Court.

Growing up I went to parochial, Catholic grade school and high school. I wore a uniform to school everyday until I came to college. For me wearing a uniform was never a problem; it actually made my life easier. Other students at my high school would be reprimanded for the length of their skirts and the “bagginess” of their pants. These students would get upset with the teachers as they handed out uniform demerits. But at a private school, we didn’t necessarily have complete freedom to express ourselves. We were able to express our individuality through our hairstyles and the accessories we wore.

I believe that dress codes are beneficial to students. School administrators and teachers strive to create a positive and nurturing learning environment. Distracting clothing can inhibit the learning process. I don’t believe having a list of clothing guidelines violates students’ First Amendment rights. There are plenty of other ways to express one’s individuality through what one wears. The main purpose of attending school is to learn, not to make a fashion statement.

I do strongly oppose Adlerman Davis’ proposed bill. In public, everyone has the right to wear whatever he or she chooses, even if they choose to wear the socially unacceptable baggy pants.