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Starr, Jennifer – Journal of Law and Education, 2000
The Arizona Court of Appeals, in the first court decision regarding public school uniform policies, held that mandatory school uniforms do not violate students' First Amendment rights. Discusses the Arizona decision and its effect on the structuring of school uniform policies and their potential successful institution at the high school level. (31…
Descriptors: Court Litigation, Dress Codes, Elementary Secondary Education, Public Schools
Sparks, Richard K. – American School Board Journal, 1983
Courts will support school boards' dress codes if based on needs rather than opinions. Courts have affirmed that minors have constitutional rights. Hair length, clothing style, and beards may be protected by students' right to freedom of expression. Codes must be carefully written and consistent with schools' legitimate goals. (PB)
Descriptors: Board of Education Policy, Civil Liberties, Court Litigation, Dress Codes

Schachter, Hindy Lauer – Journal of Law and Education, 1993
Explores the legal status of public school teachers' wearing religiously distinctive clothing in the absence of specific state prohibition. Analyzes the effects of laws prohibiting teachers from wearing religious clothes and argues for the abolition of religious dress statutes. (40 references) (MLF)
Descriptors: Court Litigation, Cultural Differences, Dress Codes, Elementary Secondary Education

Porto, Brian L. – Journal of Law and Education, 1982
Analyzes the unwillingness of the federal courts to view the traditional braided hairstyle worn by American Indian students as worthy of protection under the Tinker "symbolic speech" doctrine. Examines the legacy of the Tinker doctrine for Indian students and presents an argument for expanding this precedent. (Author/MLF)
Descriptors: American Indians, Court Litigation, Dress Codes, Elementary Secondary Education

Kuhn, Mary Julia – Journal of Law and Education, 1996
The outcome of legal battles regarding student dress codes often depends on how the issue is characterized; words used in the code; the geographic area of the conflict; on the ideological trend of the Supreme Court and the political/social climate of the country; and judicial inactivism of the Court. Applies these variables to two Jefferson…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Dress Codes

Swanson, Rick A. – Journal of Law and Education, 1994
Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Freedom of Speech

Gunn, T. Jeremy – Journal of Law and Education, 1994
Responds to Hindy Lauer Schachter's article that criticized the "religious garb" statutes that prohibit public school teachers from wearing religious attire while teaching. Contends that Schachter considers the issue solely from the teacher's point of view. Argues that there are other factors that public school administrators have to…
Descriptors: Court Litigation, Dress Codes, Elementary Secondary Education, Public School Teachers
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…
Descriptors: Court Litigation, Dress Codes, Federal Courts, Freedom of Speech
Majestic, Ann L. – Inquiry & Analysis, 1991
In 1969 the Supreme Court, in "Tinker v. Des Moines Independent Community School District," established the right of students to freedom of expression in school unless the exercise of that right would materially and substantially interfere with the requirements of appropriate discipline or collide with the rights of others in the school.…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Elementary Secondary Education

Weisenberger, Clay – Journal of Law and Education, 2000
Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Based on past incidents involving racial tension and student wearing apparel that displayed the Confederate flag, a South Carolina middle school prohibited clothing with the Confederate flag visible. Judge William B. Traxler Jr. ruled for the district. Advises administrators that they can regulate or ban expressive conduct by students only if…
Descriptors: Court Litigation, Dress Codes, Federal Courts, Intermediate Grades
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Federal Courts
Splitt, David A. – Executive Educator, 1986
Examines a U.S. Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Cautions against a possible trend toward renewed school emphasis on dress codes and other issues of decorum. (IW)
Descriptors: Court Litigation, Discipline Policy, Dress Codes, Elementary Secondary Education
Burke, N. Denise – West's Education Law Quarterly, 1993
Examines whether schools can or should restrict gang clothing and how to restrict gang clothing without infringing on students' constitutional rights. Concludes that a policy that stresses the importance of reducing distractions that inhibit learning is more likely to be found legal than a policy restricting gang communication via limitations on…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Freedom of Speech

Grantham, Kimberly – School Law Bulletin, 1994
Addresses the authority of school officials to regulate student dress by examining school dress codes, first with respect to communicative dress--or dress that communicates speech--and then with respect to noncommunicative dress. Provides a summary of the law on dress codes and a basic set of rules to assist school officials in drafting…
Descriptors: Administrators, Board of Education Policy, Court Litigation, Dress Codes
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