Yes, in some cases. Courts have recognized that students' choice of clothing can communicate certain messages and ideas, ranging from their stance on political and social issues to their social standing or religious beliefs.

This protection is largely the result of the Tinker case, in which the Court said that the decision of several students to wear black armbands to protest U.S. involvement in Vietnam was "akin to pure speech" and entitled them to constitutional protection. However, the high court also made the following statement with regard to student dress: "The problem posed by the present case does not relate to regulation of the length of skirts or the type of clothing, to hair style or deportment."¹

Proponents and opponents of dress codes cite different parts of the Tinker opinion to support their respective positions. Most lower courts, however, recognize that student clothing, at the very least, implicates the First Amendment. In other words, student clothing may be a form of expression that leads to a balancing of student free expression rights with the interests of the school, if by wearing the clothing the student intends to convey a message that could be understood by an observer.

Although student dress may implicate the First Amendment, more and more school districts are turning to dress codes and uniforms as a way to increase discipline and school safety. And federal judges in several states have upheld school uniform policies in the face of constitutional challenges brought by students and parents.

The courts have recognized, however, that students have the right to protest school policies as long as they do so in a nondisruptive fashion. For example, a federal judge in Louisiana ruled that a student had a First Amendment right to wear black armbands protesting the adoption of uniforms.²

Generally, this means that a student has more First Amendment protection to wear a protest button or logo than to wear certain types of clothing. Keep in mind, however, that the Supreme Court has never decided a student dress code case.

¹ Tinker v. Des Moines Independent Sch. Dist., 393 U.S. 503, 507 -- 508 (1969).

¹ Hudson, D, "Students Can Wear Logos Protesting School Dress Code, Said Federal Judge."

Last updated: Monday, September 6, 2010 | 12:51:00