Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues

Students’ early morning decisions about what to wear to school have led many school districts into legal issues and policy challenges. Confederate belt buckles, exposed bellies, sagging pants, political statements, and social commentary have all been banned from schools, and these bans have often resulted in litigation by students who claim their constitutional right to free speech has been violated. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues explores the legal issues that arise when a school prohibits various types of student attire. Through an analysis of major Supreme and federal court cases, this volume examines conflicts that arise when administrators juggle a student’s right to free speech with the need to maintain an environment conducive to learning.

Table of Contents:
Preface Chapter 1: What to Wear to School: The Controversy Chapter 2: The Free Speech Rights of Students Chapter 3: Dress Codes: Pants, Hats, and Gangs--The Clothes are the Message Chapter 4: Drugs, Politics and the Confederate Flag: Targeted Messages on Students’ Clothing Chapter 5: Clothing Messages About Sex, Abortion and Sexual Orientation Chapter 6: Policy Implications of Dress Codes: Balancing Rights and Responsibilities About the Authors

About the Author :
Richard Fossey is Paul Burdin Endowed Professor of Education at the University of Louisiana at Lafayette in Lafayette, Louisiana and formerly held the Mike Moses Endowed Chair in Educational Leadership at the University of North Texas. Prior to entering a career in higher education, he practiced law in Anchorage, Alaska, representing Alaska school districts. Todd A. DeMitchell is a professor of education and justice studies at the University of New Hampshire. He is a former public school elementary teacher, principal, director of personnel and labor relations, and superintendent.

Review :
Fossey and DeMitchell effectively and conclusively enlighten professors, school administrators, educational scholars, researchers, and graduate students of school administration on the challenges, complexity, and controversy regarding student expression and their choice of clothing. The authors have created a resource guide book that carefully examines the problems that confront school administrators who are responsible for honoring the constitutional rights of students regarding dress while simultaneously ensuring a safe, orderly, positive, and constructive learning environment for all students. The legal authority for managing these challenges is discussed in extensive detail, as well as the implications for dress code policy and implementation. The balance among students’ First Amendment rights, school administrator responsibilities, and all students’ rights to learn are carefully discussed. This is a must read for anyone desiring detailed knowledge of matters pertaining to student dress, school law, First Amendment rights, and the rights of all students to learn in an orderly environment. Summing Up: Highly recommended. Upper-division undergraduates and above. This book provides an invaluable resource for all practicing school administrators and students of educational leadership and the law. The role of freedom of expression in the rights of students has reached a new level of complexity. It requires a complete and thorough analysis which has been provided by the authors with expert precision. While it is legally accurate, it is completely usable to anyone interested in the field of students’ rights. This book is a complete guide to understanding student dress and the First Amendment. Educational leaders and legal scholars will agree that the thorough legal analysis and thoughtful dialogue by Fossey and DeMitchell provides readers with a deep understanding of this comprehensive societal issue. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues will prove invaluable to assisting educational leaders develop policy and procedures to manage these issues. A must-read for all educational leaders and legal scholars. School administrators constantly must balance their ever-present duty to maintain an orderly learning environment against their students’ individual rights. One area that presents a unique challenge in this regard concerns student dress codes. Fossey and DeMitchell’s well-written book provides administrators with the knowledge needed to properly maintain that balance. It is a must-read for all principals and other school administrators. The legal boundaries of student expression and dress codes continue to be challenged in U.S. public schools. Recent litigation involving anti-abortion, Confederate flag and anti-gay t-shirts, gang-affiliated attire, and cancer awareness bracelets provide some guidance to school personnel but many of the court opinions are in conflict. DeMitchell and Fossey's book takes these legally complex student expression matters and presents them in an accessible format. Additionally, there are several helpful suggestions for lawyers and school personnel about drafting student dress codes. The book is comprehensive and well written. It should be on the shelf of every school administrator in the country.