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Freedom of religion in public schools
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Establishing and enforcing school dress codes is an important task for school administrators. Dress code policies can be difficult for administrators because they require a careful balance between respecting a student’s right to free expression while also creating a respectful, non-disruptive learning environment for all students, teachers, and faculty. While certain laws do protect a student’s right to free expression, school districts still retain a great deal of latitude when it comes to establishing dress code policy. Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969), Retrieved from http://caselaw.findlaw.com/us-supreme-court/393/503.html In Tinker v. Des Moines, the United States Supreme Court addressed the issues of school dress …show more content…
Des Moines (School Dress Codes). This case found that limits on freedom of speech can only be imposed by schools when there is a genuine concern that clothing will cause disruption to the learning environment. Since that time, most states have passed laws that allow school districts to promulgate dress codes that prohibit clothing that is vulgar, obscene, or genuinely offensive. For instance, dress codes that prohibit clothing that depicts gang affiliation, racism, drug use, or sexual activity are generally considered allowable limitations to freedom of expression. Similarly, dress codes can legally prohibit clothing that exposes the midriff, shoulders, underwear or is otherwise too revealing. Clothing that supports a specific religious belief or political ideology falls into more of a gray zone. For example, a t-shirt that supports a specific political party may be prohibited if it causes genuine disruption. However, dress codes cannot be used to deter students from expressing their religious beliefs. Policies that prohibit students from wearing headscarves, turbans, yarmulkes, cross necklaces, tribal dress, rosaries, or non-U.S. flags could all potentially be challenged in court. Overall, schools have a right to create dress code policies that promote a safe, secure learning environment. However, students and parents who feel that their constitutional rights are being limited should consider consulting an
Jahn, Karon L. “School Dress Codes v. The First Amendment: Ganging up on Student Attire.”
Issues involving the apparel enforcements, including sexism, repressed self- identity, and punishment issues will be discussed within this paper. Literature Review The First Amendment to the United States Constitution prohibits the creation of laws offensive to religious groups and ensures their ability to freely practice, grants the freedom of speech, comply the freedom of the press, and allows the right to assemble peacefully. Adopted on December 15, 1791, it has served the United States of America for over one hundred years. Freedom of expression is a controversial topic when applied to the school dress code.
Censorship even extends to school dress codes. A school dress code is a set of rules about what clothing may or may not be worn in schools. As previously mentioned, a set of criteria are used to determine whether or not student expression should be censored in schools. For censorship involving dress codes, there are two: the “Tinker disruption standard” and the “forum issue,” which determine if student expression disrupts the school day and by who it is regulated, respectively (Emert). One case involving censorship of the school dress code was of a boy who violated his school’s dress code (Nguyen). Zachary Guiles, a thirteen year old boy, had to cover up his shirt denigrating former President George W. Bush, which violated his First Amendment rights (Nguyen). The shirt showed President Bush’s head on a chicken with derogatory names. It had images of oil rigs and lines of cocaine (Nguyen). A student, who had opposite views as Guiles, notified the administration of the shirt (Nguyen). Guiles was sent home on May 13, 2004, when he didn’t cover up the shirt after being asked to. The next day, Guiles’ wore the shirt, which was covered with tape and the word ‘censored’ was written on the tape (Nguyen). The school which Guiles attended, Williamstown Middle High School in Vermont, said that the shirt violated the dress code. Guiles’ parents felt that their son’s “rights to engage in political speech” were violated, and they sued the school (Nguyen). Guiles did not win the lawsuit in December 2004, when the US District Court for Vermont ruled in favor of the school, saying the images were “’plainly offensive and inappropriate’” (Nguyen). Guiles appealed, and the Second Circuit court ruled that the images were not offensive an...
The belief that public schools should enforce strict dress codes has been the topic of many controversial and heated debates throughout history. Although it is uncommon for public schools to require uniforms, every school has some type of dress code. Elizabeth Forward High School in Elizabeth, Pennsylvania, is no different than the rest of the nation. When caught violating the dress code, some teachers will choose to ignore it, whereas others will send the student to the high school office. If sent to the office, students are penalized with a day of in-school suspension instead of being allowed to call for a change of clothes. At first glance, the prohibition of tank tops, jeans with holes above the knee, and shorts and skirts shorter than fingertip length, among many other guidelines, seems reasonable, but after further reconsideration, it is clear that the dress code at Elizabeth Forward High School is ridiculous and hypocritical. I think that Elizabeth Forward High School should lift the harsh policies because of the temperature fluctuation in the building throughout the school year, recent trends among teens, and the hypocrisy associated with the dress code.
"Can Teachers Really Wear That to School? Religious Garb in Public Classrooms." Taylor & Francis. N.p., 08 Aug. 2010. Web. 18 Feb. 2016. In this article, there is a deliberation of the first amendment in context with dress codes for teachers. Kiracofe explains that codes back in 1901 were much stricter than today’s dress codes. Males could only wear suspenders and a suit coat, and women were required to wear two petticoats and dresses two inches above the ankle. Then the author addresses dress codes in regards to religion explaining how some world religions require clothing to cover every inch of their body. Kiracofe tells the readers how the First Amendment contains two religion clauses, the first The Establishment Clause and the second being The Free Exercise Clause. The author goes on to explain that employers can deny religious dress to employees if the attire would threaten the health of employees or the employer. Also, if an employee is required by religious beliefs to wear a skirt, the manufacturing company could be required the female worker to wear pants. Ethos is used in this paper by appealing to authority and credibility when it uses the first amendment. Even though this article contains information other than dress codes in schools, it still provides a lot of reliable facts and statistics that could be very helpful in an academic research
Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...
One main reason public schools have uniforms / dress code is because in 1996, President Clinton allowed the school uniform movement and said, “If it means teenagers will stop killing each other over designer jackets, then our public schools should be able to require their students to wear school uniforms.” This gave schools the power to control the students with dress code. A few pros about having dress code in public schools are prevention from formation of gangs, identify intruders, resist peer pressure, and take away social barriers. But the cons give more reasons on why not to have dress code. Some are violation of freedom of expression, “Band-Aid” on school violence, bully targets, financial issue for certain families, and difficult to enforce. Dress code can vary from a button down solid polo with a tie, to solid colors, navy / khaki pants, to any polo shirt without offensive print / sayings and unholy jeans. Dress code also can exclude tattoos, baggy clothes, holes, scarves, leggings, strapless garments, and visible piercings (except in ear).
It is extremely apparent to me, and should be apparent to others, on how much of a significant difference there is in the academic environment when dress codes and uniforms are enforced in public schools. By enforcing these policies, it neither makes students feel physically, mentally, or socially uncomfortable, nor takes away any freedoms that are stated in the First Amendment of the Constitution. Besides eliminating opportunities for the ridicule of less fortunate students based on their attire, helping prevent gang violence and in schools, and generating overall academic excellence and discipline in the educational community, there are numerous other reasons to support the principles of having dress codes or uniform policies established in every public school across the nation.
Proponents of school uniforms agree that students’ school uniforms are not a violation of their First Amendment of the U.S. constitution right. In the case of Canady v. Bossier Parish School Board, the Fifth Circuit upheld that “students remain free to wear what they want after school hours. Students may still express their views through other mediums during the school day” (Canady v. Bossier Parish School Board). Advocates for school uniforms argue that school is for learning, and that self-expression is for after-school hours. Some people will say that there is room for self-expression such that students’ can use hairstyles and accessories to start forming their individuality. However, proponents of school uniforms need to
But, school is not the place to show student’s interests and likes, school is strictly for learning. If a student wants to wear a shirt that shows his/her’s religion, political view, or profanity, he or she can wear the clothing outside of school. Also a benefit to dress code in schools allows students to “expressive their individuality through their personality and academic achievements, not through clothing” (School Uniform). Jill Hamilton writes a book on the pros and cons of a dress code policy. She correctly states how school should be a business related environment. She states “Students should feel comfortable enough with themselves to portray their personality through themselves, not through their clothing. Their clothing should represent business attire, as they might have in the real world someday” (Hamilton, page 72). Hamilton writes her opinion on this in a nice manner, explaining that a dress code policy would ensure better
However, laws that are of general applicability must too be scrutinized to determine whether they are least restrictive as possible and whether the state has a compelling interest. South Fork Consolidated School District has seen a spike in gang related crimes in their schools, so in order to curb this violence they implemented a dress code policy to stop gang affiliated students from flaunting their colors and harming “guilty” students who did nothing but wear clothing that led to attacks from gang members. While the state does have a compelling interest in preventing gang violence and insuring student safety, this law is not indeed narrowly tailored to this issue. An across the board dress code policy inadvertently hurts students who wear certain articles of clothing in compliance with their faith. South Fork Consolidated School District failed to recognize that allowing exemptions for religious purposes would not compromise the state’s interest in discouraging gang activity.
Choosing what to wear for the day. This is what most students are thinking about when they wake up. Students need the latest fashion in order to fit in, but some clothing may not be acceptable to wear in school. School dress codes are denying students their right to dress how they want, but the dress code is important for the students and their learning. Students are beginning to stand up and want to be heard. Some students are taking action and want the dress code to become less strict but some schools are doing the opposite for safety issues and for the students healthy learning environment. Dress codes are important for a strong and healthy learning environment and is also reducing violence in many schools around the country.
In his article, Constitution Check: Do school uniform policies violate the First Amendment?, he speaks on the issue of school uniforms violating students’ rights of free speech. In the piece, Denniston states,”... it not the business is of the government to decide which views are acceptable, and which are not, and the right to speak one’s own views is matched by protection against having to utter someone else’s views – especially, views favored by the government. ”(Denniston 3) The first amendment protects students from having to be restricted from expressing themselves instead of following after others opinion, such as the government.
The State of Ohio has a law that permits school districts to implement uniform dress codes. The school district must advise parents and students 6 months prior to any such implementation. This law also allows for any feedback from administrators, faculty and parents. A uniform dress code policy must fall under the guidelines of a districts discipline policy. The law requires that religious garb like yarmulkes and head scarves cannot be prohibited. The actual dress code is at the discretion of the school board.
Dress codes and uniforms have been deemed legal by the United States Supreme Court. As long as the dress code or uniform regulations pass a four-pronged test. Opposition for school uniforms holds fast to preserving the sanctity of freedom of speech. The supreme court ultimately has decided that dress codes and uniforms do not violate the freedom of speech. In Harold W. Mitchell and John C. Knechtle’s study of the first amendment rights and dress code, they note that in 1968 in Ginsberg v. New York the supreme court ruled that “[t]he state has power to control the conduct of children that reaches beyond its scope of authority over adults (491).” Mitchell and Knechtle go further into explaining the 4 pronged rule the supreme court uses to judge if a rule is against the freedom of