Barakat 1
Mariam Barakat
Abigail Heiniger
English 1020
10 November 2011
Threads of the Constitution
How a person presents themselves to their peers and others says a lot about how they feel about themselves and who they are as an individual. People wear different items of clothing for all sorts of reasons: to be in style and follow the latest trends, supporting their favorite band or sports team, religious and political reasons, etc (Tokarski).Under the First Amendment, individuals have the right to exercise religion and the right of free speech, and limiting a person's way of expression abuses these rights.
A dress code that prevents students from utilizing their appearance to their own likes and places a setback on that individual’sdemeanor is in clear violation of the Constitutional First Amendment to freedom of expression.
As in accordance to the Oxford English Dictionary,a dress code is a set of rules or guidelines specifying the approved manner of dress at a school, place of work, social occasion, etc. However, based on an overview done by the Cornwell University Law School, it states that the FirstAmendment of the United States Constitutionprotects the right to freedom of religion and freedom of expression from government interference. So if a dress code is to be enforced in school districts, it should not violate the First Amendment. It must leave students to freely be able to express their confidenceand individuality without fear ofrepercussion.
People like to assert their own distinct character through exercising their right to freedom of expression. However, if that right has limits placed upon it and has students restricted from exhibiting who they are, there is no doubt that problems will arise. Authority figures such as teachers, principles, government officials, and even some parents believe that what their children and students wear signifies who they are as a person. So what adolescents wear most often reflects their qualities, performance, and abilities as an individual. School dress codes attempt to imply and link student behavior to their choice of clothing (Jolley, Southward, and Swafford 2).So if students were to wear inappropriate attire with suggestive or vulgar wordings present on them, they are categorized as the “rule breakers” or “troublemakers,” when in fact, that could not be the case at all.
A study was conducted to determine if there was a relationship between student attire and behavior. Sixty-six students from two separate high schools were surveyed by viewing photographs of T-shirts with various slogans and pictures (Jolley, Southward, and Swafford 2).
Respondents answered the questions regarding level of offensiveness and whether or not they would wear the T-shirt in the photograph...Data was analyzed through logistic regression to determine if there was a relationship between their [students] perceptions of offensive T-shirts and their behavior (Jolley, Southward, and Swafford 2).
However, the results indicate that “student uniforms have no direct effect on substance abuse, behavioral problems, school safety, school attendance, or academic achievement,” (Jolley, Southward, and Swafford 3).Therefore, school dress codes have no means to be implied. If a person’s taste in style does not affect their studies or performance in schools, then why should dress codes be enforced?
Adolescents can use dress to condone attitudes, beliefs, values, and group affiliations that simultaneously communicates their identity…[clothing choice] may intentionally or unintentionally reveal information about their [students] personalities, backgrounds, interests, and contribute to the establishment of a reputation…adolescents view dress as a symbol of identification and self-expression (Jolley, Southward, and Swafford 2).
Our country was founded on the bases of religious freedom and freedom of expression. Oppression of those rights was the very reason why our ancestors fled England and made their way over to the “New World.” Suppressing those rights to be able to equally represent oneself and what they believe they stand for will only encourage rebellious behavior from those [students] who it is taken away from. Thus, school dress codes not only set limits on what an individual can wear, they are also a source behind student’sretaliation. For instance, a majority of administrators and faculty members reprimand students who violate the dress codes by placing them in detention, or even at times, suspension. Is this something that students should have placed in their school files that colleges will be able to view, although they have not done anything morally wrong? School dress codes are meant to reduce misbehavior in school environments, yet they seem to provoke mischief as students violate the set code in order to show off who they are through their unique appearances. These adolescents have only tried to exercise their right of creativityand originality, trying their best to make a statement and stand out amongst the rest of the student body. Is that not what teachers and parents and the media itself have tried to subtly allow us to acknowledge and accept?
Expressing one self, as long as it means no harm to others, is encouraged by society and that is what makes people unique and successful. They do what they like and are good at, an inspiration to those around them. By subjecting students to follow a set guideline, creativity is hindered. But are not the arts what many school districts and states pride themselves in having? By suppressing their sense of style, in a way, their personalities and thought process are being altered and changed to what is believed to be the norm in society. However, by allowing students to wear what they please, it goes with the saying “a picture is worth a thousand words.” It is their way of allowing themselves to be heard and identified among the masses.
“When students go to school, they do not leave their constitutional rights outside of the classroom,” says Tokarski. “Teachers, professors and other administrators in the school systems should encourage thinking outside the box instead of punishing students for new, innovative ways of expressing themselves” (Tokarski).
In the case Tinker v. Des Moines Independent Community School District,
Three students from Des Moines, Iowa, wore black arm bands with peace signs prominently displayed. The arm bands were worn to protest the war in Vietnam, and administrators thought they might instigate violence in the school. The students were suspended when they refused to remove the arm bands.
However, the students took the case to court. The Supreme Court ruled in their favor, noting that under the First Amendment, students have the right to express their opinions as long as they do so "without materially and substantially interfering with requirements of appropriate discipline in the operation of the school and without colliding with the rights of others (Tokarski).
Dress codes force students to dress or behave in a way that is different from whom they are. But ironically, role models and mentors always emphasize the cliche on being true to one self. Yet if that advice were to be carried out, negative assertions and accusations are made, leading to the students discipline. For example:
In 1999, a student from Virginia, Edward Shinkle, wore his mother's skirt to school, violating the gender-based dress code at his high school. He was ordered to go home and change into "traditional male attire," then come back to school (Tokarski).
The fact that restrictions were placed on gender differing clothing is a direct offense to the first amendment right. Although the students reasoning behind wearing a skirt to school is shady it is nonetheless none of the school’s business as to what the student was wearing. His outfit was not in any way harming anyone nor was it disrupting the learning environment. The student’s self-expression is his right and his business. Therefore, the school should not have a say in what to make the student wear what they believe is “right” since that right is reserved to the student alone with exception of their parents say in the matter.
The American Civil Liberties Union (ACLU) is an organization that stands up for students and helps to fight the battle for self-expression (Tokarski).
[The] ACLU opposes dress codes-“we believe students have a right of free expression, a part of which is expressing their individuality through the clothes they wear," Michael Steinberg of the ACLU said in an article posted on CNN.com. "And parents can control the clothing children wear, but it should not be a matter that the state dictates," (Tokarski).
Works Cited
Cornelll University Law School. First Amendment: An Overview. Legal Information Institute.
2010.
Jolley Lee, Southward Lee, Swafford Melinda. “The Student Dress Code Debate.” Jan. 2011: 10.
Wayne State Library. Web. 7 November 2011.