Uniforms in Public Schools and the First Amendment: A Constitutional Analysis

Journal of Negro Education, The, Fall 2003 by Mitchell, Harold W, Knechtle, John C

Debates about the use of school uniforms in public schools have received much attention in the last few years. Many educational stakeholders believe that uniforms may curb negative behaviors associated with student dress such as teasing, absenteeism, tardiness, gang-related activity, and school violence. One primary argument espoused by opponents is that uniforms interfere with students' right to choose their dress-a violation of students' First Amendment right to free speech. This article describes selected constitutional issues related to the use of school uniforms with a focus on the First Amendment and concludes with implications for uniform policies in public schools.

Public and private schools in the United States have always had dress code polices (Del Campo & Del Campo, 1998) with uniforms being generally the purview of private schools, especially parochial schools (Joseph, 1986). Debates about the use of school uniforms in public schools have received much attention in the last few years especially when former President Bill Clinton took a stand for uniforms in public schools and signed an executive order to send all U.S. school districts a manual on ways to encourage the use of uniforms (Del Campo & Del Campo, 1998; U.S. Department of Education, 1996). Many school stakeholders-students, teachers, staff, families, community members, and elected officials-believe that uniforms may curb negative behaviors associated with student dress such as teasing, absenteeism, tardiness, gang-related activity, and school violence (Holloman, LaPoint, Alleyne, Palmer, & Sanders-Phillips, 1996; Portner, 1998). One primary argument espoused by opponents of uniforms is that public schools' interfere with students' right to choose their dress-a violation of students' First Amendment right of free speech (Jahn, 1998). The purpose of this article is to describe some constitutional issues related to the use of school uniforms in public schools. The article includes: (a) a literature review highlighting positions for and against uniforms in public schools; (b) description of the First Amendment as related to the use of uniforms in public schools, including determinative factors; (c) limitations of the First Amendment on the rights of minors; and (d) implications for uniform policies in public schools.

REVIEW OF THE LITERATURE

While research and reports have been, published on the use of dress codes and uniforms in public schools (LaPoint, Alleyne, Mitchell, & Lee, 2003; Lopez, 2003), this review will highlight the positions of proponents and opponents of uniforms in public schools. Proponents of uniforms believe that uniforms can alleviate many of the dress-related behavior problems being experienced in public schools-generally promoting student health, safety, and varying academic related outcomes (LaPoint et al., 2003; LaPomt, Holloman, & Alleyne, 1992). Some proponents believe that uniforms reduce negative peer pressure (e.g., teasing, bullying) and other victimization (Carroll, 1994; LaPoint et al., 2003; Scherer, 1991; U.S. Department of Education, 1996), decreasing gang activity and fighting (Kennedy, 1995; Loesch, 1995). Proponents also believe that uniforms can increase positive student attitudes toward school and its educational goals (LaPoint et al., 2003; Workman & Johnson, 1994). Last, proponents of uniforms believe that uniforms can increase attendance rates, lower suspension rates, and decrease substance abuse rates (Gursky, 1996).

While there are proponents of uniform use in public schools, opposition to uniforms exists. The first reason for opposition is that uniforms are believed to restrict student, parent, and family rights for freedom of expression in dress (Caruso, 1996; Portner, 1998). This issue has relevance to some youth of color especially those in urban areas. Dress has cultural and ethnic dimensions (LaPoint et al., 2003). Some youth of color, their parents, families, and community members may view dress codes and uniforms as restrictions on students' cultural expressions of dress. The second reason for opposition is that uniforms restrict youth engagement in normal developmental tasks of identity experimentation with dress (Portner, 1998). Third, it is believed that uniforms contribute to punitive zero tolerance in student discipline policies (Skiba, 2001). Opponents also believe that uniforms represent and encourage the intrusion of local and state policies in the private lives of students and parents (Jahn, 1998; Lane, Swartz, Richardson, & Van Berkum, 1994). Moreover, some opponents emphasize the paucity of empirical research on the effects of uniforms on academic achievement and prosocial behavior (Brunsma & Rockquemore, 1998; Del Campo & Del Campo, 1998).

Critics of the uniform policies, including the American Civil Liberties Union, accuse schools of taking a simplistic approach to school violence. The largest opposition to school uniforms, however, is not cost or style, but constitutionality. For additional reviews of legal issues relating to dress codes and uniforms, see DeMitchell, Fossey, and Cobb (2000), McCarthy (2001), Starr (2000), and Taylor (2001).