Law & Courts

Court OKs Ky. District’s Dress Code

February 15, 2005 2 min read
  • Save to favorites
  • Print

A federal appeals court last week upheld against a First Amendment challenge a Kentucky school district’s student dress code that prohibits many fashions popular with teenagers and preteens: baggy pants, bluejeans, “distressed” clothing, unnaturally colored hair, and body piercings except those in ears.

The policy of the 2,300-student Fort Thomas district near Cincinnati was challenged in 2001 by lawyer Robert E. Blau on behalf of his daughter, Amanda, who was then a 6th grader.

Their suit said Ms. Blau opposed the dress code because she wanted to wear clothes that “look nice on her” and that “she feels good in.”

Many of the school’s students “looked like rows of corn” under the dress code, Mr. Blau said in an interview. The district’s dress code was “taking away a child’s right to wear clothing of their [generation’s] age” and suppressing their individuality, he said.

But both a federal district judge in Kentucky and a three-judge panel of the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, rejected the family’s challenge.

The appeals court panel ruled unanimously on Feb. 8 that the First Amendment’s guarantee of free speech did not cover the family’s claim because Ms. Blau was seeking protection for “a generalized and vague desire to express her middle school individuality” and not any particular message.

“The First Amendment does not protect such vague and attenuated notions of expression—namely, self-expression through any and all clothing that a 12-year-old may wish to wear on a given day,” said the opinion by U.S. Circuit Judge Jeffery S. Sutton.

‘Sense of Individuality’

The district’s goals in adopting the dress code in 2001—such as improving the learning environment and helping bridge socioeconomic differences between families—did not regulate any viewpoint and furthered important governmental interests, the opinion said.

The court also rejected a claim by Mr. Blau that the dress code interfered with his right to direct the upbringing of his child. Judge Sutton said that while parents may decide whether to send their children to public schools, they don’t have a right to direct how school authorities handle matters such as a dress code.

Mr. Blau said last week that he plans to appeal the decision to the U.S. Supreme Court.

“Clothing is an expression in and of itself,” he said. “When everyone looks the same, they start acting the same, and you lose your sense of individuality.”

Related Tags:

A version of this article appeared in the February 16, 2005 edition of Education Week as Court OKs Ky. District’s Dress Code

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
Teaching Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance

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 Teens Drop Lawsuit Against Trump's Trans Sports Order After Supreme Court Ruling
The Supreme Court last month upheld state bans on transgender girls in school sports.
4 min read
Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024.
Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024. The teens initially sued over New Hampshire's law banning transgender girls from school sports teams, and later expanded their lawsuit to challenge President Donald Trump's February 2025 executive order threatening to withhold federal funds from schools that allow transgender girls to join girls' sports teams. They've since withdrawn the legal challenge following a Supreme Court ruling allowing states to ban transgender girls from sports under Title IX.
Holly Ramer/AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP