Help - school dress code / constitutional violation(?)?

Question

My school recently added a new rule to the dress code. Students are now not allowed to wear hats, unless they are the hats that my school sells with our logo on them. My hat (plain white with red brim) was recently taken away, and I'm not allowed to have it back for a week, unless a parent comes in to pick it up.

One problem with this rule is that it violates the right to symbolic speech; in 1969, there was a case that went to the Supreme Court about a similar issue, and the case is widely known as Tinker vs. Des Moines. In brief: a girl was wearing a black armband, which represented her opposition to the Vietnamese War. No more, no less. The school wanted to take it away from her / suspend her for it. The problem elevated to the Supreme Court's hands, in which they found in favor of Tinker, and that she was allowed to wear her armband, because she did not disrupt or impinge upon the rights of others, her activity represented conduct protected by the first amendment--it applies to public schools.

All around my school, in every class I've checked so far, the dress code posted doesn't say anything about hats. I went to the attendance office today, and asked for a copy of the dress code, and they had none. The lady had to print one for me, and that was the only one I've seen which said anything about hats--that the only ones permitted on campus were our school's hats.

Basically, my question is "does my school have the right to enforce this rule?" And, "if not, what can I do about this?"

Answer 1

I doubt it is as certain one way or another as the previous answerers imply. It would certainly be constitutional to ban all hats. This speech-neutral policy would prevent reasonably foreseeable problems that hats could cause. However, to allow hats with one particular message on them is a completely different ball game and certainly arguments could be made either way.



It could all hinge on exactly what is on your hat. Simply wearing items that have no particular significance beyond your preference for them is not protected speech. However, if your hat is political speech, it could very well be unconstitutional to prevent you from wearing it, while allowing others to wear other hats.

Answer 2

Seeing as a simple hat doesn't distract people from everyday school activities, and the court held that students were entitled to their freedom of speech as long as it didn't disrupt school activities, legally you're in the right.



It's also more ridiculous since they sell hats themselves but are restricting the students in what hats they should wear.



If this is a public school you could talk to the administration yourself (in a professional and accurate manner) most of the time these rules are made because most students or parents wont do anything, but administration usually has a hard time giving a reason why they make such rules, they also don't expect students to challenge them but if this doesn't work and it matters to you that much then I suggest having your parents file a complaint with the school district. But if the school is a private school, I'm afraid there is not much you can do.



EDIT: Of course if your hat has such things as: gang affiliation, obscenity, or any other content that's deemed inappropriate for a school environment, then of course they can limit this.

Answer 3

It's hard but you will have to start following through on your threats. No child should feel it's okay to curse at you, and when they do they should be told it's inappropriate, and then take away privileges for a set amount of time. At first they will kick and scream and yell at you even more, but as they see you are standing firm with them, they will eventually learn to respect you. Warning though - this will not happen overnight, it may take weeks. I understand you feel guilt with your 4 year olds, they are mostly just mimicking what they see the other 2 do, but you will have to be firm with them as well. Still give lots of hugs & love to all the kids, but make sure that once a limit/punishment is set out that all stick to it. As for suggestions, it's hard to say - different motivations for each kid I would think. Sometimes it's friends being over (if this happens in front of their friends, they should be sent home immediately - friends over is a privilege), or tv shows, or places they have planned to go to (sporting events, birthday parties, etc.) Good luck - this won't be easy but you will be glad you did it now because it will only get worse!

Answer 4

Apparel is NOT speech. The 1st amendment prohibits CONGRESS for making a LAW abridging the freedom of speech. Contrary to what many, including the Supreme Court may say, it is literally impossible for ANY action by the school to violate the 1st amendment.

Answer 5

schools have the right to require dress codes, in fact the law requires a dress code to go out in public, you can't be naked



also most school aged kids are not adults, just leave your hat in your car or at home or if you need to wear a hat wear one that your school approves

Answer 6

basically yes they can.. since hats are used as a gang symbol or meaning.. also when inside no one should wear hats....

unless it something to do like a hat day during homecoming week



what you can do and all will have to do this is to have every student wear similer hats to school

Answer 7

Yes the school has a right to enforce this rule, hence why you could just have full out uniforms in public schools, and just like how your employer can limit what you're allowed to wear to work.

Answer 8

Yes, they do have the right to but.....



If you really want this to change,

then I'd write a letter to the principal/super intendant explaining why this should be allowed. Also, you can go to your school's board meetings, or the PTA.



Good luck!! :)

Answer 9

There's nothing symbolic about your hat.

Answer 10

Yes, they have the right.



You have the right to grow up. Believe it or not, it will happen sooner or later.