United States of America has faced numerous issues with dress codes of students particularly in its public schools. School boards have shown concern regarding violence, discipline or lewd behavior resulting from certain items of clothing. Some have proved the connection of clothing to disturbing behavior. Some schools ban certain items of apparel such as bandanas, tank tops, halter tops, torn clothing, baggy pants, etc. while some school boards have adopted the compulsory uniform policies. Some schools have clear-cut specific policies like banning certain clothes or appearance while some have vague policies that generalize the situation by making clauses like, "clothes should conform to the standards of good taste and decency" (Bhatti, 1999). People have shown different point-of-views regarding policies related to dress codes. In all cases the dress code policy is the responsibility of states rather than federation. Different states and school boards have adopted different policies regarding dress codes in schools as mentioned earlier. There have been numerous lawsuits resulting from dress codes and uniform policies. In many cases students have won their right of freedom of expression under United States Constitution. In some other cases courts have upheld the restrictions imposed by school boards to allow smooth functioning of the educational system. Students' opinion in this regard has been mostly of defiance particularly with respect to same uniform for all students' policy. There have been many individual cases of lawsuits with particular appearance and item of clothing but the majorities of students do not show a proclivity towards uniforms. Parents' opinion however seems divided in this regard. Some heavily support and while some staunchly go against it. Even school boards differ on policies regarding dress codes. The debate on issues related to dress codes in the United States of America continues. This paper attempts to look at the important issues regarding general dress codes and issue of compulsory uniform with help of study of lawsuits filed in Court of Justice.
The Right in the Laws
American constitution provides its countrymen the right of freedom of expression under its laws. Americans are of the view that this right of freedom is not just related to speech and writing but they can express themselves in the form of clothes as well. They believe they can wear what they want and these are the rights the students want to exercise when they confront school dress codes that they think at times restricts their freedom of expression. In this regard, it would be necessary to mention the clauses invoked to support the point-of-view of freedom to wear what they want. The first important link in the legal book is the First Amendment. According to the First Amendment of U.S. Constitution, "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" (Hoge, Field, Foster & Nickel, 2002). It is not just the First Amendment that strengthens the right of freedom of an individual in the United States but another Amendment called Fourteenth Amendment also supports and guarantees all of its citizens' equality. The Fourteenth Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (Hoge, Field, Foster & Nickel, 2002). On the basis of these two Amendments the citizens support their freedom of expression rights. Many parents argue that strict dress codes and uniform policies restrict their children's rights under this Fourteenth Amendment. For example, religious or cultural beliefs are not allowed to be reflected, children with physical disabilities or large sizes face a number of problems with limited options and sizes available and most importantly students are suspended from school on the basis of dress codes and are denied their basic right of free public education. These are just a few accusation made by parents and students with respect to their rights awarded by the U.S. constitution.
Schools & Lawsuits
All the educators in U.S. have this fear of lawsuits coming their way. The lawsuits range from very frivolous to something very serious. Parents and students have been using their legal rights in the courts against, schools, educators, teachers and principals. Though...
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