Are dress codes a drag? School fines boy for wearing dress to the prom

Current Events, Sept 30, 2005

Get Talking

Ask students: What is the dress code at our school? What are the pros and cons of school dress codes?

Notes Behind the News

* The most famous school dress code case went before the U.S. Supreme Court in 1968. In Tinker v. Des Moines Independent Community School District, the Court ruled 7-2 that public school officials could not censor student political expression unless the school could reasonably predict that such expression would cause substantial disruption or interference with school activities or invade the rights of others. The case involved four teenagers who wore black armbands to school to protest U.S. involvement in the Vietnam War. The Court noted that the students were engaging in a form of symbolic speech that was "akin to pure speech." In later decisions, judges have ruled that students have more protection when they engage in political expression.

* Not all political expression is protected at school, however. For example, a federal court rejected a student's First Amendment claim that she should not be punished for wearing a "Drugs Suck" T-shirt to class. Even though the message spoke to an important political topic, the court determined that the word "suck" was too vulgar and could be prohibited.

* The wearing of a particular type or style of clothing usually is not viewed as protected expressive conduct. Various school dress codes including a prohibition against sagging pants and clothing featuring advertisements or objectionable statements have been upheld. Courts have ruled that student speech that is indecent or profane is not entitled to constitutional protection.

Doing More

Have students research recent dress code cases at www.firstamendment center.org. How do those cases differ from Tinker?

Last spring, Kerry Lofy figured that if girls could wear dresses to the prom, why couldn't he? Though the 18-year-old from Lake Geneva, Wis., didn't usually wear dresses, he thought it would be funny to show up dressed as a girl.

School officials, however, weren't laughing when the 6-foot, 185-pound Lofy arrived at the prom wearing a black spaghetti-strap dress and a blond wig. Though Lofy said he "looked like Marilyn Monroe" he was turned away at the door by administrators who had warned him not to wear a dress to the dance.

Undeterred, Lofy went out to his car, donned a plaid leisure suit over his dress, and headed for the dance floor. When Lofy stripped off the suit during a dance contest, school officials blew their tops and escorted him out of the prom. When he arrived at school the next day, a police officer issued him a ticket for disorderly conduct and a $249 fine.

School officials say Lofy's behavior crossed the line, but Lofy says the school violated his fight to free expression. He is suing to get the charges against him dropped.

Prom Scene

Jim Gottinger, Lake Geneva school district administrator, says schools have every fight to set rules that dictate student dress and behavior. "I don't see where we were in the wrong. We think the attire for the prom is a formal event" he told The Associated Press (AP). Plus, the school claims that Kerry wasn't punished solely for wearing a dress. They say his behavior on the dance floor was inappropriate.

Some of Lofy's classmates agree. "I attend Badger High School. ... When administration caught wind of [Lofy's] little plan, it repeatedly warned him not to come in a dress, yet he did it anyway. I believe any punishment he receives is justified. ... For a male to show up at an important dance ... in a dress is mocking the whole event" wrote Melissa Gramse in the Milwaukee Journal Sentinel.

Skirting Rights

Lofy's attorney, Erik Guenther, says "the only thing that Mr. Lofy did wrong was wear a purse that didn't match the dress?' He says the school violated Lofy's First Amendment right to freedom of expression. Guenther agreed to represent Lofy for free, in part because he doesn't want the school to further encroach on students' rights. "This is a $250 ticket but if you don't protect the fringes of free speech, the next action is at your front door," he told

Though courts have ruled in the past that dress codes are a legitimate way for schools to keep order, Lofy says he "wasn't preventing anyone from learning?' Lofy also says that he wasn't dancing any differently than anyone else. "They can't single me out and say, 'It was only you.' I think it's over the dress?'

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Words in the News

First Amendment

The First Amendment to the U.S. Constitution is one of the ten amendments that make up the Bill of Rights. They were adopted by Congress on December 15, 1791. The First Amendment prevents Congress from passing laws that establish a national religion or that restrict freedoms of religion, speech, or the press. The amendment also protects Americans' right to peacefully assemble and to express grievances.