A federal appeals court last week upheld against a First Amendment challenge a Kentucky school district鈥檚 student dress code that prohibits many fashions popular with teenagers and preteens: baggy pants, bluejeans, 鈥渄istressed鈥� clothing, unnaturally colored hair, and body piercings except those in ears.
The policy of the 2,300-student Fort Thomas district near Cincinnati was challenged in 2001 by lawyer Robert E. Blau on behalf of his daughter, Amanda, who was then a 6th grader.
Their suit said Ms. Blau opposed the dress code because she wanted to wear clothes that 鈥渓ook nice on her鈥� and that 鈥渟he feels good in.鈥�
Many of the school鈥檚 students 鈥渓ooked like rows of corn鈥� under the dress code, Mr. Blau said in an interview. The district鈥檚 dress code was 鈥渢aking away a child鈥檚 right to wear clothing of their [generation鈥檚] age鈥� and suppressing their individuality, he said.
But both a federal district judge in Kentucky and a three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, rejected the family鈥檚 challenge.
The appeals court panel ruled unanimously on Feb. 8 that the First Amendment鈥檚 guarantee of free speech did not cover the family鈥檚 claim because Ms. Blau was seeking protection for 鈥渁 generalized and vague desire to express her middle school individuality鈥� and not any particular message.
鈥淭he First Amendment does not protect such vague and attenuated notions of expression鈥攏amely, self-expression through any and all clothing that a 12-year-old may wish to wear on a given day,鈥� said the opinion by U.S. Circuit Judge Jeffery S. Sutton.
鈥楽ense of Individuality鈥�
The district鈥檚 goals in adopting the dress code in 2001鈥攕uch as improving the learning environment and helping bridge socioeconomic differences between families鈥攄id not regulate any viewpoint and furthered important governmental interests, the opinion said.
The court also rejected a claim by Mr. Blau that the dress code interfered with his right to direct the upbringing of his child. Judge Sutton said that while parents may decide whether to send their children to public schools, they don鈥檛 have a right to direct how school authorities handle matters such as a dress code.
Mr. Blau said last week that he plans to appeal the decision to the U.S. Supreme Court.
鈥淐lothing is an expression in and of itself,鈥� he said. 鈥淲hen everyone looks the same, they start acting the same, and you lose your sense of individuality.鈥�
