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1st Amendment and Free Speech/Dress Codes at Schools regarding piercings

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Question
I don't think it's fair for people at my school to dress like gangsters or wear all this provocative clothing to school and yet my school does not allow facial jelwery such as nose, lip, eye brow piercings, etc... I just want to wear my lip piercing with out having any worries of my school supervisers telling me to take it off, but yet they let other people wear all the provocative clothing such as the pentagram, girls half naked etc... I just say that isn't fair for people that want to wear body jelwery that aren't a distraction to others. Why is that?

Answer
Hi there,

Courts have said that schools have the right to place limitson things that are a distraction.  They give a fair amount of latitude to adminstrators to decide what is distracting.  Judges don't want to be second guessing every little decision a school makes, so they let administrators decide things that they might decide differently.

As a result, you often get decisions that may seem unfair or unreasonable.  It may be that the real reason for the rules is that the administrators just don't like the jewelry.  But if they can articulate other reasons in court (causes fights, risk of theft, etc.) courts will allow them to get away with it.

The real place such policy issues get resolved are on school boards.  If you don't like the policies, you need to work to elect new board members.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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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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