Thursday, April 19, 2012

Students and the First Amendment

Can you make a case that dress codes violate the First Amendment?  How would you argue that?

58 comments:

Molly E. said...

Dress code does violate the FIrst Amendment, because you are not allowing you students to had ether freedom of speech right. The way you dress, is a form of freedom of speech. Freedom of speech gives you the right to express yourself, and how you dress, is you expression of yourself. Without freedom of speech. than a dress code would be ok, but you are limiting people's first amendment rights.

Anonymous said...

Dress codes do violate the First Amendment because this Amendment grants us many freedoms of expression. Not being allowed to dress the way you choose to dress would violate your rights, particularly your right to express yourself the way you want. This violation would give the person the ability to approach the school with their grievances and try to get the dress code changed.

anna said...

The dress code does violate the First Ammendment, because students cannot express themselves. Since freedom of speech/expression in corporates the way you dress, then technically you are denying the students'First Amendment rights. If there wasn't a First Amendment, then the dress code would be alright; but with the dress code then you are denying students their First Amendment rights. But since we are in a private school, then technically the First Amendment rights don't always apply to us. So in our case, unfortunately, the dress code does not violate our First Amendment freedoms.

Jack B. said...

A dress code is a way for a school to express the importance of unity. Any school with dress codes in this day and age has reasonable standards as to what can be categorized as "in the dress code". I do believe that in some cases these dress code limits can occasionally go over the top. I also believe that if a school wishes to create a dress code, although the idea is becoming outdated, they may do so. However, if a school decides to alter the dress code because they find a certain item of clothing inappropriate, that is not justified. Im not sure if this argument is necessarily worth making a first amendment case out of. However, if i was to argue that it was intact a violation of my rights, i would say that denying me the right to wear an item of clothing to school is an act of prior restraint.

Charlie Wheeler said...

I believe that dress codes do violate the First Amendment because it is talking away your freedom of speech, pretty much your right to express yourself. If you are not allowed to dress the way you choose it would violate your rights because it is taking away your freedom to express yourself how you want to. Having a dress code is prior restraint because they are stopping you from wearing what you want be fore you wear it. This is why the dress code does violate our First Amendment freedoms and rights.

Katie said...

I strongly believe that the dress code does violate the First Amendment because it is taking away the freedom to express yourself (freedom of speech). However, I do believe there is a time and a place where the dress code is more strict than others. For example, a school dress code can limit what you can wear because some clothing may be not allowed. Schools do have the right to give a dress code, some stricter than others. But, people do have a right to express themselves in any way they want to.

Anonymous said...

I believe that dress code is violating the First Amendment. I think this because you are not giving the students the freedom to wear what they want and express themselves. The freedom of speech is protected by the clearly stated First Amendment, providing people to say or do what they believe is right but under the time, place and manner of course. Also having a dress code is prior restraint because they are stopping you from wearing what you want to wear before you even wear it. Overall, the dress code does violate the First Amendment because children and not able to express themselves .

Sabrina said...

The main reason why dress code breaks the First Amendment is because the First Amendment allows people to express themselves in any way. Meaning that people can wear what they want, where they want. Restricting what people can wear is not allowing people to express themselves, so you would be breaking people's First Amendment rights.

Anonymous said...

The dress code does violate the First Amendment because they are not letting you wear, what ever you want. its saying that you cant express yourself in the way you want. but private schools have more power they can decide what you wear but public schools they can wear what they want.

Anonymous said...

Public school dress codes do violate the First Amendment because they censor a student's right of free expression. A few public schools have moved towards dress codes because they think they promote a better learning environment. There have been many legal cases testing the application of the First Amendment and school dress codes. In the landmark case, Tinker v. Des Moines Independent Community School District (1969), the courts ruled that students do not shed their constitution rights to freedom of speech or expression at the school gate and that the school does not have the right to prohibit freedom of expression unless there is evidence that it is necessary to "avoid material interference with school work." Based on this decision, dress codes in public schools do violate the First Amendment.

Anonymous said...

Dress code does violate the first amendment becuase the students cannot express their personalities. The way children dress is a way of showing who they are so you are denying the students First Amendment rights. Having First Amendment rights means being able to wear whatever you want, whenever and wherever you want. Restricting the students from wearing what they want does not allow them to express themselves which breaks their First Amendment rights.

Connor Howe said...

Dress code violates the First Amendment because we are not able to express ourselves completely, and the First Amendment includes the freedom of expression. We are not able to express ourselves because if we want to wear a t-shirt that sends a certain message we cannot wear because its not a polo. ANother way that dress codes prevents us form having freedom of expression is that we are not allowed to wear sweatshirts. Lets say we wanted to wear a sweatshirts for a organization and we want to have others know about it we would not be able to do that because of dress code.

Dylan Wit said...

Dress codes violate the First Amendment. You are not allowing students there right to freedom of expression. If a student is not allowed to dress the way they want to, they can't express how they really feel, or what they believe in. Dress codes do violate the First Amendment because you are restricting the students right of expression.

Anonymous said...

The Dress Code does violate the first Amendment because you are not allowing the students to dress a certain way to say what kind of person they are. Freedom of speech says that you can say or express anything that you want. By having to dress in a uniform the teachers are denying your First Amendment rights. In other words they are saying that somebody can not express something by the way they dress.

Liam G said...

Dress code does violate the First Amendment because it restricts our ability to express ourselves. The freedom of expression allows us to show off our personality's and because of dress code we cannot do this. However, if something on a T-Shirt is vulgar it should not be allowed. Dress code's also stop other people from judging and disrespecting others.

tyler said...

Dress code violates the First Amendement, because the First Amendment grants us the right of free speech. Free speech can be expressed through a persons way of dressing. I also believe that requiring a dress code could be argued as prior restraint of the students First Amendment right of Free Speech. On the other hand, school may want to have a dress code to show a sense of order and neatness in the class rooms. Lastly, dress codes do violate the First Amendement since it restricts a students Freedom of Speech even though dress codes are put into affect to maintain order.

Gregory Lopatynsky said...

According to the first amendment, people have the right to free speech or free expression. Dress code in schools clearly violates the first amendment. Unique ways of dressing is a form of expression because it shows who the people "are" per say. Having a dress code is a prior restraint because you are telling people that they have to wear "this" before they can wear what they want. However, this would not matter in a private school because the first amendment does not take affect in private schools.

Jack C said...

I believe that dress codes do violate the First Amendment because it takes away the right to express your self. If you are not allowed to dress the way you choose, it violates your rights because it is taking away your freedom to express yourself the way you want. Dress code is a problem for the First Amendment because it is stopping you from what you want to wear. Since we are a private school and are not owned by the government some might say that it is okay for a privat school to have a dress code. Although, I do believe that the dress code does violate our First Amendment.

Brad Kaptinski said...

Dress code does violate the first amendment but only in certain cases. You are practically aloud to wear whatever you want in a public school but if the teachers say u cant wear something they are taking away your freedom of expression. Under the first amendment you are able to freely express yourself without anyone telling you you cant do that. In a private school you are allowed to have a dress code and you are not able to dress like the man in the picture. This is why dress code violates the first amendment in certain cases.

EricK said...

Dress codes violate the First amendment because they restrict self expression - which is a right to the first amendment. When you have rules to the way someone can dress, you are limiting their ability to communicate their thoughts, ideas, and emotions to others. The significance of this is that it is all the basis of the first amendment. However, when you enter a private institution and you agree to their rules, you are obligated to follow them.

Anonymous said...

Dress codes violate the first amendment because in the first amendment everyone is entitled to freedom of expression. Being able to dress the way you choose allows you to express yourself Because we have freedom of speech. I do believe that your allowed to express yourself and where any iteam of clothing if its appropriate during school hours.

Anonymous said...

Dress codes do indeed violate the First Amendment because it is taking the ability away for students to express themselves. Most public schools do not have a dress code so students can express themselves basically any way they would like to. However, at a good amount of private schools there is a dress code. Therefore, students are not allowed to express themselves to their capability. So if you take away the First Amendment then the dress code is completely fine but that is not the case. In conclusion, dress codes violate the First Amendment since it takes away the ability for students to express themselves.

Matt Ch said...

The First Amendment allows people to express themselves in ways that they think are proper. People can express themselves with the clothes that they wear. Since the dress code restricts what we wear, and what we wear is a form of self-expression, the dress code violates the First Amendment

Anonymous said...

Dress codes violate the First Amendment because it takes away the students freedom of expression. If you restrict what someone can wear that goes against their First Amendment right. The way you dress is a form of expression, so students should be able to wear or express themselves the way they want. Dress codes take that expression away therefore violating their First Amendment.

Anonymous said...

The dress code is in the violation of the first amendment by the means of freedom of expression and freedom of speech. Though the school provides the student body with different color shirts to choose from, students are still strongly limited to what they are allowed to wear during school hours. For example, students are not allowed to wear any type of pattern or lettering on their clothes and they are not allowed to wear casual clothes. As further support I will propose a hypothetical situation. Say a student is in class and he is uncomfortable, he then stops focusing on the class and focuses on himself, this in turn could result in loss of important information. This could have been evaded if the student had worn comfortable clothes.

Mac said...

Dress code violates the First Amendment in Public Schools, but it does not in Private Schools. You are aloud to wear what ever you want in public schools because of freedom of expression. The school is open to everyone, so it is open to everything. Schools have tried to move to dress codes in public. Mostly have been revoked because of many important Supreme Court cases. In private school there are dress codes because the government does not control them. Dress Code does violate the First Amendment in public schools, but not private.

Daniel Berger said...

As discussed in class, independent schools have different restrictions to rights, as they are funded privately, not by the government. Therefore, a dress code is perfectly fine. However, in a public school, limiting what people can wear, is a violation of The First Amendment. On another note, a dress code does make one look presentable, which makes it a positive restriction in a public school.

Natalie said...

Dress codes violate the rights in the First Amendment. I think that not being able to wear our own clothing is not letting us express ourselves, which it under the big topic of Freedom of Speech. Part of freedom of speech is expressing yourself and your beliefs. Clothing is part of this, we like to show what we like and dislike.

mlopatynsky said...

Dress code, I believe, does violate the First Amendment because teachers, and faculty, are limiting or restricting a students right to express themselves in a form of dress. Freedom of expression gives you the right to express your self in any way you would like, and dress code is limiting the factor of expressing yourself with clothing. I believe that students should not have to come and wear dress code because it is limiting their right to free speech/expression.

Anonymous said...

Dress codes do violate the First Amendment. Dress codes violate the First Amendment because it is taking away the right for people to wear what they want. Different styles and fashions give kids another way to express themselves and feelings. Limiting what people can wear is limiting there freedom of speech. There should be a limitation on dress codes. There should be a limitation because some clothing can be inappropriate for the event or place where it is worn. For example, wearing a bathing suit to school would not be appropriate. That is why there are dress code restrictions for certain places and events.

Tyler Holtz said...

Yes, dress codes do violate the first amendment, because it restricts our freedom of speech. The way we dress helps us express ourselves, and dress codes completely destroy that right. Everyone should be able to wear what they want, even if some people do not like the message that comes off of what you wear.

Anonymous said...

Dress codes do violate the First Amendment because it makes it so that you can not express yourself. Under the First Amendment it gives you the right to express yourself and that includes how you dress. If a dress code limits what you can wear then that restricts your First Amendment rights.

Idalis Figueroa said...

I believe that dress codes do and do not violate the First Amendment. They do violate the First Amendment because in wearing clothing, we are expressing our personalities and sense of style. Dress codes tell us what we can and can't wear which then restricts us from expressing ourselves, therefore having the right to use the First Amendment. At the same time, in private school's students must wear dress codes because the school is not owned by the government so the individual school's have the right to decide whether or not its students should wear a dress code. So technically, it is not violating the First Amendment because in applying to priave school's, you are agreeing to wear the school's uniform or abide by its dress code, where as in a public school you legally have the right to wear whatever you want.

Anonymous said...

Dress code does violate the First Amendment. It does because you are violating freedom of speech. This falls under the category of that because freedom of speech grants you freedom of expression. Therefore dress code does violate the First Amendment.

Lauren Gimpel said...

Dress codes violate the first amendment because they are restrictions of speech, and expression. Dress codes deny the right for people to dress however they want and further express themselves in a way that satisfies them. Additionally, dress codes are a form of prior restraint, because they stop people from dressing how they want to dress before they even do it. Unfortunately, dress code violations to the First Amendment do not apply in private schools, since technically, students in private schools do not have the same rights as those in public schools.

Conrad Lindenberg said...

Students should be allowed to wear the clothes of their choice to school. The First Amendment essentially gives you the right to express yourself. One of the main ways that people, especially students, express themselves is through what they wear. If students cannot wear what they want, they cannot fully express themselves. Therefore, dress codes violate the First Amendment.

Molly McQuilkin said...

Dress code violates the First Amendment because it lakes away students freedom of speech rights. The clothing you wear is a way of expressing yourself. So by forcing students to wear certain clothing, you are limiting their right to express them selves. It is also prior restraint, stopping them from wearing something before they wear it. Some things are understandable not to be worn at school, but telling them they cant wear it before they wear it is a form of prior restraint.

Jana O'Donnell said...

Dress code is a violation of the first amendment because it is an example of prior restraint. It is telling kids that they cannot even think of wearing certain things, before they even wear them. Also, having a dress code limits the right to the freedom of speech and expression. If the student is part of a campaign that he/she would want to promote, they wouldn't be allowed to, at least at school, promote it.

Haley said...

"Dress code" does violate the First Amendment because it prevents students to express themselves which exercise their Freedom of Speech. Whether the student expresses themselves on a canvas, body art(tattoo), or even dressing in what they choose to wear, they have that right.

Anonymous said...

Dress codes can violate the First Amendment because they deny students the right to express themselves. Allowing or not allowing students to wear what they want goes against the First Amendment right of free speech. Telling students they can't wear a certian type of clothing is telling them they can't use the type of clothing to express themselves. In conclusion, dress codes violate the First Amendment because they do not allow students to dress the way they want to dress.

Anonymous said...

Dress code violates the First Amendment because if is restricting student's freedom of speech. In dress code, students have to wear certain things, therefore they can not express themselves. A dress code is telling students they can not wear what they please.

Anonymous said...

dress code does violate the first amenment as long as it is not put in place and maintained by a private school official. Dress code would violate first amendment rights becasue you can not someones freedom of expression, and if you do your are taking away someones rights which is illegal. But if you are a private school official than you can perform the deeds of taking away first amedment rights. Because only private school officials can take away your first amendment rights, i believe that it is illegal for teachers at private schools that are not official to give a student things like formals.

jbenanti said...

I believe that the the Dress code can restrict our first Amendment rights by not letting us express ourselves in the way that we want to. The first amendment is a good example of how dress code could be revoked or limited rules.

Anonymous said...

Dress code does restrict out first amendment rights, considering the fact that clothing is a sign of personal expression. Putting rules on what you can where, restricts your freedom of expression and therefore your freedom of speech. Freedom of speech entitles you to your own opinion and your right to express yourself. Therefore dress codes are unconstitutional.

Anonymous said...

One would normally say that these dress code rules violate our first amendment rights. However the constitution clearly states that the rights you are granted do not all apply to private schools. We are lucky we do not have a worse dress code.

Anonymous said...

Dress Codes do violate the first amendment because It is restricting the Freedom of speech, which includes expression, meaning that limiting our dress if violating the first amendment and the people's rights

Anonymous said...

Dress codes violate freedom of speech because some t-shirts have messages on them, and not being allowed to wear them would be prior restraint because you are being told what not to wear before you wear it.

Eva Johnson said...

The first amendment gives us the right to express ourselves and wear what we want. Wearing what you want is a way to express ourselves. The dress code does not let us exercise our freedom of speech and expression. Therefore it violates the first amendment because we cannot wear what we want, where we want.

zachary goligoski said...

The dress code is a clear violation of the First Amendment. One of the unalienable rights guaranteed to us by the First Amendment is Freedom of Speech. A part of Freedom of Speech is the ability to be able to express your views and yourself in any way, shape, or form. That is why a dress code is a clear violation of the First Amendment.

zachary goligoski said...

The dress code is a clear violation of the First Amendment. One of the unalienable rights guaranteed to us by the First Amendment is Freedom of Speech. A part of Freedom of Speech is the ability to be able to express your views and yourself in any way, shape, or form. That is why a dress code is a clear violation of the First Amendment.

Anonymous said...

The dress code violates the first amendment because the students are not allowed to express themselves. With having a dress code you come into school everyday wearing the same thing as everyone else. Everyone should be able to express themselves and not have to do that by following the guide lines.

Anonymous said...

Dress codes do not violate the first amendment because schools have rules that are meant to be followed. your first amendment rights are not absolute and were not meant to be absolute.

Anonymous said...

Dress codes do violate the first amendment because it is limiting what we wear. It is also prior restraint because it is regulating what we wear before we actually wear. You can ask someone to change their clothes, but they shouldn't be aloud to establish a dress code.

Anonymous said...

I think the dress code violates your First Amendment rights because you are restricted from expressing yourself through your choice of clothing. People are judged on there appearance, therefore children should be able to express themselves so they will be interpreted by others to their liking.

Alana said...

The concept of a dress code is a violation of the First Amendment due to the fact that many people express themselves through their clothing. What you wear is, to some extent, a reflexion of who you are and what you stand for/believe in. By controlling what students wear, you are limiting their ability to express themselves.

Bella Sapio:] said...

Dress code DOES violate the First Amendment because you are not allowing the students express their freedom of speech. In this picture it is not freedom of speech, it is freedom of dressing yourself. Freedom of dressing yourself is like saying what you want, wearing the colors that you want, just expressing yourself but just expressing it in the way you dress. Without freedom of speech then a dress code would be 100% fine but you ARE limiting societies First Amendment Rights.

Anonymous said...

Dress codes do violate the First Amendment. The First Amendment says we have freedom of expression and dress codes take that right away. If you are not allowed to dress how you want then you cannot express yourself.

mvalenti said...

You could make a case that this picture violates the First Amendment. You can do this by arguing that you free speech and freedom of assembly are being denied. They are being denied because the students have rights and are allowed to wear what they want, when they want, and how they want. There is no law saying they can't wear what they want.