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1st Amendment and Free Speech/freedom of speech in clothing
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Question
At schools is it a violation of the first amendment if a student is sent home for having colorful hair or clothing that is against school policy?
He Demi,
Unfortunately there is no clear answer to this question. Different courts have come to different conclusions. The general rule is that Students do have free speech rights at school. However, schools may infringe on this right to the extent necessary to maintain good order and discipline and prevent distractions from the learning process. Some courts have held that a distracting t-shirt can be restricted.
That said, if this is an actual situation, I would recommend you contact your local ACLU. They have taken a number of such cases and are trying to make gains in protecting free speech rights of students.
I hope this helps!
- mike
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | thnk so much but i dont think i count as old enough for people to listen to me im only 13 oh weel thanks for the help. | ||
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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