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Tyler Simons

Professor Moore

ENGL 1301

20 March 2019

School Dress Codes in the United States

Schools implementing dress codes in the United States has stemmed from a need to rid

the school system of gangs and violence. Gangs in America have been prevalent since the 1950s,

but gangs in the 1950s were much different than they are today. Gangs were thought of as fun-

loving and spirited with the worst accounts being “shooting staples, driving noisily by schools

and churches, prowling, using abusive language, and loafing in the pool halls” (Wilson 9). These

groups pop up in movies and tv shows of this time being shown as glamorous and nonviolent. In

the early 1980s the term “gang” took a different face, and that face was that of organized crime.

Firearms and other weapons started showing up in these groups which helped escalate the

violence (Wilson 10). Gangs have shown up everywhere in the United States including the

public-school system. Gangs have been known to distinguish themselves through clothing and

jewelry, which have led to offenses in schools. At the same time students have used clothing as

means for protesting but also have been regulated to rules about suggestive ideas or pictures on

clothing. The debate on the necessity of dress codes involves both advocates for and opponents

of dress codes because schools feel it is necessary for maintaining a healthy learning

environment, while students feel it violates their civil rights.

One of the first instances of a school using a dress code to fight against gang activities

and improved school life was seen in California. A school in Long Beach, California

implemented a uniform dress code, to counteract slow drop in test scores, and the rampant
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escalation of graffiti, gang styled clothing, and expulsions. After the implementation of the new

uniforms the school witnessed a surprising change in a single year, crime and suspensions

reduced by 30 percent. With this, an increase in academic test scores resulted in the school rising

in academic rankings (Rockney 1). The school’s PTA president stated in a news interview,

“uniforms are not a magic pill, but any school will see payoffs” (Wilson 2). These small changes

in uniform dress code showed the school board that they could reduce the gang problems they

faced with simple steps. This led to the rest of that school district implementing similar school

uniform dress codes.

While some schools suffered from gang activities some did not experience these events.

San Jacinto School District in California attempted to ban collegiate and professional sports team

clothing, because they had connections to gang members or gang activities. The school believed

if they could limit certain clothing worn by students that they could prevent members of gangs to

enter schools looking like students and cause problems. Parents and students opposed these rules

to the point that they took the district to a district court over the matter. In the case of Jeglin v.

San Jacinto Unified School District, the court sided with Jeglin stating it was unconstitutional

because the district could not prove the schools had any gang activity in them (Wilson 10). When

a school tries to implement the school uniform dress code as a counter for gang activities it must

do so with proof that gangs are present. Prohibiting specific clothing is not allowed when gang

activity is not present and cannot be used as a preventative measure. It was ruled that dress codes

could not be used as preventative measures.

Students have a different perspective on dress codes as they feel it violates their freedom

of speech. In 1969, the Supreme Court of the United States would hear Tinker vs Des Moines

Independent School District (Wilson 4). The country was in the middle of the Vietnam War, a
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conflict that was not popular or wanted by the citizens of the United States of America. Students

wore black armbands as an act of peaceful protest against the Vietnam War. Principals of the

school did not agree with the protest, so they decided to implement a dress code ban of the

armbands and anyone that was caught wearing them would be suspended. The students fought

against these claims saying their First Amendment Rights were violated and went up to the

Supreme Court where the Court made one of the first major decisions on school dress codes.

Supreme Court rulings were passed that the student’s First Amendment Rights were violated,

and the suspensions were unjustified. “The Court held there must be actual or likely classroom

disruption or violence on the school campus to justify restriction on student’s speech” (Wilson

4). The courts stated that nondisruptive and peaceful protesting was protected under the First

Amendment and decided that schools could not apply bans based on their personal preferences.

Since the school’s principals were merely against the protesting of the Vietnam War, they were

not allowed to implement the restrictions on that basis.

The courts heard another case that helped school’s right to implement restrictions on

clothing and hair standards for their students. Wallace vs Ford in the 1970’s showed a school has

the right to limit clothing worn in public schools if they have good reason. Courts ruled that

schools could restrict the dress code and were able pass rules regarding clothing of immodest or

suggestive subject matter as good reasons. Schools were given the rights to implement these

dress codes if they fulfilled the school’s education functions like classroom decorum and safety

(Wilson 5). The ruling made a definite decision on dress codes like clothing but did not make an

exact ruling on hair regulations, like facial hair and hair length. Clothing was more straight

forward and showed the students’ rights were not infringed upon and the school had a right to

limit certain articles of clothing.

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Schools and students have gone back and forth when it come to school dress code, one

saying they permit them to promote school safety while others say they infringe on their rights.

Supreme Court rulings have sided with both schools and students if they are within their rights. It

is an ongoing battle. One of the biggest corner stones the Supreme Court has given is that

schools have the power to ensure the environment is conductive to learning and safety. If there

are good reason schools may implement dress codes but cannot go to extremes with the codes

they enforce. Students have also been protected when they are expressing there First Amendment

Right through clothing and peaceful protesting.

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Works Cited

Rockney, Randy. “Should School Uniforms Be Mandated in Elementary Schools?” Brown

University Child & Adolescent Behavior Letter, vol. 21, no. 5, May 2005, p. 8.

EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=16972355&site=ehost-live.

Wilson, Amy Mitchell. “Public School Dress Codes: The Constitutional Debate.” Brigham

Young University Education & Law Journal, vol. 1998, no. 1, Spring 1998, p. 147.

EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=lgh&AN=682115&site=ehost-live.