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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
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...
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.
Jahn, Karon L. “School Dress Codes v. The First Amendment: Ganging up on Student Attire.”
According to greatschools.org, “Enforcing a strict dress code can place the focus of school on clothing and rules, rather than on education.” Most schools have specific uniforms that a child must wear in order to attend. Many children that go to school, have single parents and / or more than one ...
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.
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.
Varying Issues Corresponding to the School Dress Code Shelby A. Scholle Newbury Park High School Abstract Dress code enforces the modest dress of students, preventing bullying and distractions. Numerous people believe clothing is a distraction and when eliminated the school environment is more professional and gives a better education to a student. Authority figures consider the school apparel enforcements are constitutionally sound, not affecting the child’s right to freely express, and providing a professional and working setting causing a better learning environment and decreased amount of bullying due to clear differences in appearance. However, opposers disagree with the restrictive code because of its limitations on individuality causing students to conform, sexist ideas in the form of punishment and how forms of clothing causes a distraction, and influencing rape culture. Costs for an advanced educational environment, positive, and negative effects will be explored within this paper to determine whether or not the dress code is necessary for an advanced learning environment or limiting the student's ability to express themselves.
America’s school systems seem to have many issues concerning students receiving a quality education without distraction. A current debate argues weather a dress code policy is efficient or takes away from student’s expression. Administrators at schools should regulate a dress code policy because the system improves discipline and student’s attention, reduces social conflict and peer pressure related to appearance, and dress code provides a more serious learning environment.
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.
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
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.
Students claim that requiring them to wear mandated uniforms deprives them of their ability to freely express themselves through their choice of dress. However, freedom of expression does consist of the rights to freedom of speech, assembly, and to petition the government, but the first amendment does not grant people the right to act any way they want without actions taken. Numerous schools have a straightforward dress code policy enforced. If these policies are violated, then the students could face consequences for their
Pickerington School District should require students to have a uniform dress code. The current dress code policy is very minimal and is not adhered to by the students. Faculty overlook the students who don’t abide by the current dress code as it would take away from their teaching time. One of the main concerns that is brought up when the topic of school uniforms is discussed is freedom of expression. Many people worry that not allowing children to wear certain clothing will “stifle their creativity” (p. ) or restrict their First Amendment rights (Nevada, 2008). There are many reasons for having uniforms in public schools. School uniforms have been shown to improve test scores, raise school pride, increase attendance, reduce violence, and teaches students to dress professionally. School uniforms can also avert the wearing of gang colors (Wilson, 1998).
Several high school students, including Tinker were suspended for coming to school wearing black armbands protesting the Vietnam War. The Supreme Court held that students have a First Amendment right to express themselves as long as that expression is not disruptive to the school environment. The First Amendment encourages and protects individual expressions, and in this case the students though and expression was favored. The source is effective because court cases like this one have shaped history and have an impact on parents and students that are against school uniforms. This source is important because even though the decision is from 1968 this court case is still used when talking about school uniforms. The source is informational because it is relevant and unbiased. The judges decided on the matter of the case by looking at both sides of the argument and deciding what is best for the