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The paper presents the argument that in taxpayer-funded public schools, the First Amendment protects the rights of students to express themselves with their clothing and therefore prohibits a school uniform policy. The paper looks at past cases to show how school uniforms prevent students from expressing their allegiance with social organizations or with their religious and cultural heritage. The paper believes that dress codes are sufficient means of securing safety in schools, and do so without compromising the core values upon which the nation was founded.
From the Paper:"If clothing is considered a valid means of self-expression in schools, then clothing may also be used as a means of expressing group identity. One of the central arguments in favor of school uniforms points to the ability of students to express their identification with violent gangs. The Department of Education claimed that one of the potential benefits of implementing a school uniform policy would be "helping prevent gang members from wearing gang colors and insignia at school." However, empirical evidence has failed to prove that school uniforms would minimize gang allegiance; the uniforms themselves "can do little to fight gang violence in our schools," (Felch nd). Wearing a shirt bearing the name of a street gang does not necessarily mean that student pledges allegiance to the gang, either. Barring a shirt with a gang logo would clearly violate a students right to free speech. Any logo or insignia is legally protected under First Amendment rights."
Sample of Sources Used:
- American Civil Liberties Union ACLU (ND). Student freedom of expression. Retrieved Feb 12, 2009 from http://www.aclu-il.org/legal/highschool/teachers/freedomexpression.shtml
- Booth, M. (2007). Federal Judge: First Amendment Bars School's Ban on 'Hitler Youth' Badges. New Jersey Law Journal. Retrieved Feb 12, 2009 from http://www.law.com/jsp/article.jsp?id=1190278978670
- deMitchell, T.A., Fossey, R., and Cobb, C. (2000). Dress codes in the public schools: principals, policies, and precepts. Retrieved Feb 12, 2009 from http://scholar.google.com/scholar?hl=en&lr=&q=info:jPVgHos_DKwJ:scholar.google.com/&output=viewport&pg=1
- Felch, R.F. (nd). "School Uniforms: Prevention or Suppression?" Retrieved Feb 12, 2009 from http://www.gate.net/~rwms/UniformRay.html
- Hudson, D. L. (2009). Clothing, dress codes, and uniforms. First Amendment Center. Retrieved Feb 12, 2009 from http://www.firstamendmentcenter.org/speech/studentexpression/topic.aspx?topic=clothing_dress_codes_uniforms
Cite this Argumentative Essay:
Unconstitutionality of School Uniforms (2010, December 24) Retrieved January 28, 2020, from https://www.academon.com/argumentative-essay/unconstitutionality-of-school-uniforms-146232/
"Unconstitutionality of School Uniforms" 24 December 2010. Web. 28 January. 2020. <https://www.academon.com/argumentative-essay/unconstitutionality-of-school-uniforms-146232/>