Law & Courts

U.S. Appeals Court Backs District’s Rules on School Uniforms

By Mark Walsh — May 15, 2008 3 min read
  • Save to favorites
  • Print

Includes updates and/or revisions.

A federal appeals court has upheld a school district’s policies permitting individual schools to decide whether to require students to wear uniforms.

A panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, ruled 2-1 on May 12 that the policies of the Clark County, Nev., school district, which includes Las Vegas, do not violate the First Amendment rights of students.

“The district’s uniform policies limit only one form of student expression (while leaving open many other channels for student communication),” and they are “consistent with the district’s goals of creating a productive, distraction-free educational environment for its students,” said the majority opinion by U.S. Circuit Judge Michael Daly Hawkins in Jacobs v. Clark County School District.

The case involves a 2003 policy that added to the basic dress code rules for the 310,000-student district by allowing individual schools to establish more-stringent policies on student attire if those schools’ parents supported the idea in surveys.

A typical school policy requires khaki pants and solid-color polo shirts or other shirts with no messages permitted except a school logo.

The policy was challenged by the American Civil Liberties Union of Nevada on behalf of several students, including one high school student who was repeatedly suspended for wearing religious messages on her clothing. Some students in the lawsuit objected to the “forced uniformity” of the policy or maintained that their religious beliefs required them to embrace their individuality.

A federal district court largely upheld the district’s uniform policies in a summary judgment.

Meeting the Test

The 9th Circuit majority said that the school uniform policies were viewpoint- and content-neutral, and that under an “intermediate scrutiny” standard of review for First Amendment questions, the policies passed muster as long as they furthered an important governmental interest unrelated to the suppression of free speech and had only incidental restrictions on protected speech.

The court said the Clark County district met that test because school officials submitted affidavits saying that the policy had helped improve student achievement, promoted safety, and enhanced the school environment.

Citing a “Manual on School Uniforms” put out by the U.S. Department of Education in 1996, under President Clinton, the majority further said that the federal department has “acknowledged the efficacy of school uniforms.” That was the same year that Mr. Clinton promoted school uniforms in his State of the Union address. The current Bush administration has not been as outspoken on the issue, and the efficacy of uniform policies has been questioned by some education researchers. (“Uniform Effects?,” Jan. 12, 2005.)

A Dissent

Writing in dissent, U.S. Circuit Judge Sidney R. Thomas said the majority had failed to properly apply the U.S. Supreme Court’s decision in Tinker v. Des Moines Independent Community School District, the 1969 case upholding the right of students to wear black armbands to protest the Vietnam War as long as school was not substantially disrupted.

Noting that the uniform policies prohibit “all messages on clothing, except for messages that support the school,” Judge Thomas said: “Confining messages to pro-government content cannot be said to be viewpoint- or content-neutral.”

Bill Hoffman, the general counsel for the Clark County district, said 50 of the district’s 312 schools have enacted parent-supported uniform policies.

“The court said kids have other ways of expressing themselves,” Mr. Hoffman said, pointing to a passage in the majority opinion that said students could still have conversations with their peers, publish articles in school newspapers, and join student clubs.

Allen Lichtenstein, the general counsel of the ACLU of Nevada, said he found the reference to school newspapers as a forum for unfettered student expression ironic, since the Supreme Court has ruled that such publications are ultimately under the control of school authorities.

He said the plaintiffs would seek a rehearing before a larger panel of judges on the 9th Circuit court.

“By definition, a uniform is communicative,” Mr. Lichtenstein said. He also scoffed at the majority’s conclusion that school logos permitted as part of the uniforms were only meant to be, as the court put it, “an identifying mark, not a communicative device.”

“If logos don’t have any communicative element,” Mr. Lichtenstein said, “try telling Coca-Cola or McDonald’s that their symbols don’t communicate anything.”

A version of this article appeared in the May 21, 2008 edition of Education Week as U.S. Appeals Court Backs District’s Rules on School Uniforms

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
The Road to Opportunity: Making CTE Accessible for All
The most valuable CTE happens off campus. For too many students, transportation is the barrier that keeps opportunity out of reach.
Content provided by HopSkipDrive
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
New Hire, No Laptop, No Login: Preventing Day-One Disruption
What happens before day one matters. Discover how districts are improving the new hire experience.
Content provided by Frontline Education
Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion How State Courts Are Quietly Shaping U.S. Education
In education, the real action is often at the state level, not in Washington, explains Derek Black.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Law & Courts Federal Judge Strikes Down Trump's $100,000 Fee on New H-1B Visas
Schools and states say filling teacher and doctor vacancies was hard enough before the fee hike.
3 min read
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York, early on June 9, 2026, as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen.
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York early on June 9, 2026 as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen. A federal judge in Boston has struck down Trump's elevated, $100,000 fee for H-1B visas that employers use to hire foreign workers for hard-to-fill positions.
Mark Schiefelbein/AP
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP