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
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
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
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

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 The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP