Posted on 05/13/2008 7:54:58 AM PDT by SmithL
SAN FRANCISCO -- Public schools don't violate students' freedom of expression by requiring them to wear uniforms, a federal appeals court in San Francisco ruled Monday.
In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals upheld a Nevada school district's clothing rules against challenges from students, including a high school junior who was suspended five times for a total of 25 days for wearing a T-shirt with religious slogans.
The Clark County School District's policies were not intended to squelch free speech, but instead were aimed at "creating an educational environment free from the distractions, dangers and disagreements that result when student clothing choices are left unrestricted," Judge Michael Hawkins said in the majority opinion.
Dissenting Judge Sidney Thomas said the ruling was at odds with the U.S. Supreme Court's landmark 1969 decision that upheld a student's right to wear a black armband in protest of the Vietnam War as long as it did not disrupt the classroom. Under Monday's ruling, Thomas said, a school could prohibit such protests, or any other attire that expressed an opinion, by requiring students to wear uniforms.
The students' lawyer, Allen Lichtenstein of the American Civil Liberties Union of Nevada, said he will ask the full appeals court to set the ruling aside and order a rehearing before a larger panel. He said the ruling could be extended beyond schools and might allow a city to ban political expression in some public areas.
As a constitutional interpretation, the ruling is binding on federal courts in nine states, including California. But parents in California still have the right under state law to exempt their children from a school's requirement to wear uniforms.
No such opt-out right exists in Nevada, where state law requires schools merely to consult with parents before requiring uniforms....
(Excerpt) Read more at sfgate.com ...
Now all we need are school boards with the courage to institute a dress code and the moxie to stick to it.
I remember when I was in 1st grade, back in 1972, my teacher told us how fortunate we were to live in America.
Her key point was all the wonderful freedoms we had as citizens of this country. As an example she showed us a school room from communist China and told us these kids had no choice in what they wore to school, the government told them what to wear.
She then told us to look around the room and see that we decided what to wear to school, and that the government did not tell us what to wear. We had the freedom to choose our clothes.
How the times have changed.
God bless Miss Wilks where ever she may be.
I never did like the idea of school uniforms but have no problem with a dress code. “Thou shalt not” gives us freedom, “Thou shalt” gives us regimentation.
Uh... I must have missed that one in the Constitution.
I’m actually shocked that his comes from a leftist court? I guess it’s freedom of speach as long as you are assimilated.
As a parent with three kids in school...uniforms ROCK..
There isnt a code here on the STYLE of clothes...the code is on COLOR of clothes..
This isnt the old days anymore....to much gang crap.
“a high school junior who was suspended five times for a total of 25 days for wearing a T-shirt with religious slogans.”
Does that bother you?
Let the parents of a school district vote for or against school uniforms. One compromise could be to have all the students wear a uniform top (same color/monogram) and wear whatever is appropriate from the waist down. Since parents pay the lions share of taxes they should decide, period!
Oh please, uniforms are great. At least there’s no question as to what’s acceptable and what’s not. Besides, think how much time kids save not having to figure out what they will be wearing to school.
I grew up in a country where kids wear uniforms to school, i don’t know of any kid who was harmed because he had to wear a uniform, in fact, a uniform dress code is probably welcomed by those who are especially poor.
Or they could just let the citizens of the district vote for school board representatives to decide for them, the way we make most decisions in this country.
How could they hold a vote for only the “parents” in a district anyway?
“I grew up in a country where kids wear uniforms to school,”
Did you see post #3?
I grew up in America. We were free to choose what we wore. That was the old days.
Less freedom now. We’re all more secure now though so it’s all good.
That freedom stuff, whew, it’s scary.
On any given day I see the following at the school I teach at (we’ll start with body adornments):
lip rings
brow rings
multiple ear piercings
tongue studs
navel piercings
tattoos (arms, legs, neck, small of back)
Now for the clothing:
pant-legs rolled up
pants worn around bottom of butt
chain belts
bandanas (gang flags)
baseball caps (in gang colors)
plunging neck-lines (exposing cleavage)
tee shirts with a variety of slogans (some in bad taste)
slippers
pajamas
Think of the free speech that is being protected here! Personally, I think the free speech issue being wedded to ideas about dress code is a specious argument at best. I know, I know clothing can be a form of expression, but we have arrived at the low-culture aspect of that argument, and we seem only interested in discussing/protecting the basest forms of expressions. Many of my students care ONLY about these accoutrements and care next to nothing about the larger issues involving free and protected speech.
Does the article give details on what kind of “religious slogans” were on these t-shirts? Does the article state whether the slogans were the problem or if it was because the t-shirt violated the school’s uniform policy? I’d need to have a lot more informtion before being able to make an informed comment on that particular case.
With respect to whether it bothers me for students in a public school being made to wear a standard mode of dress, not I’m not bothered by it. I work in public education (secondary level at the present moment) and I don’t like what I see in what these students are allowed to wear today.
“Does the article give details on what kind of “religious slogans”
Should the government get to decide which religious slogans are ok?
Should we need permission from the government to practice faith? To evangelize?
I know, it’s really inconvenient for the government schools if we let kids wear what they want.
Isn’t a free citizenry always inconvenient for government?
I agree the limits on freedom that uniforms impose is very petty.
I also think the government should require you to buy an American made car. Yes, it is a small restriction on your freedom, but let’s face it, it’s pretty minor. And the benefits to our Country could be great.
And why do you need a 2500+ sq ft house? Our grandparents raised a bunch of kids in a much smaller house. We could lower our energy usage and really help our Country. Should we limit the size of houses? Come on, does that impose on your freedom? It’s such a small sacrifice.
Are the freedoms and liberties of children restricted in other areas of their lives? Yes!!!! Is there blanket application of constitutional “freedoms” to any citizen? No!! With freedom and liberties comes great responsibility, a fact that many don’t seem to be able to grasp in this country.
I guess the point I was trying to make was not one about whether or not uniforms ought to be required, but rather what happens when liberty devolves into license. Part of a proper appreciation for the sacredness (if you want to call it that) of free speech is to understand the responsibility which must be used whenever exercising it. Minors (in my view) are in need of this lesson (some adults too, no doubt). By allowing students to dress however they want you are giving them the freedom without first giving them the essential understanding of why/how what they do (in this case, what they wear) matters. If you want to call it civics, then call it civics. Uniforms or, better, dress codes, may tweak the noses of those pre-disposed to libertarianism, however I don’t believe these do a disservice to the idea of free speech. It is my belief a dress code (properly enforced—see below) will serve to underscore the high regard we all ought to have for freedom of expression by first developing within young people an appreciation for its responsible practice.
By the way, each and every one of the examples of what I saw in my school (in my previous post) are violations of our school’s dress code—and these violations are daily, rampant and, generally ignored. Our society has drifted further and further from its first principles by reason of our unwillingness/inability to hand down who and what we are. This is what we are supposed to be doing with young people. We are supposed to train them so that they can go forth into society and, not only express themselves, but get along, as well. We have become so hung up on our own personal choices, preferences, rights, etc. that we have abandoned much of what used to knit our national fabric together and, as a result, the garment is quite torn.
“Is there blanket application of constitutional “freedoms” to any citizen? No!!”
This is where you and I disagree. I agree with the text of the First Amendment of the Bill of Rights, not with how we have bastardized it to mean whatever is convenient to us in a particular moment in time.
And so apparently religious slogans can be vetted by the government as to their suitability for children. Parents no longer have that right.
Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Freedom is really messy and it is no surprise that we work so hard to take it away.
My complaint is not with dress codes. My problem is with the government taking away the rights of the parents to decide what is acceptable. And with the government deciding what religious slogans are acceptable.
This is a parental rights and religious rights issue to me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.