Student’s rights have been determined significantly by the Supreme Court, as to
what a student may wear, say, or write in a school-sponsored environment or in the
In the most recent First Amendment student rights case, Morse v.
, the Supreme Court is deciding whether Joseph Frederick, an 18-
year-old high school student, displayed a banner with the message “Bong Hits 4 Jesus”
across the street from his school, during the Olympic torch relay in Juneau, Alaska was
appropriate, after the student did not attend school that day (Abreu, Heidy, and Miguel
Loza. "Morse V. Frederick (06-278)." Source # 6).
The First Amendment of the
Constitution of the United States, states, “Congress shall make no law respecting an
establishment of religion, or prohibiting free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”
Despite this, the Supreme Court
proves that the First Amendment is interpreted differently and more strictly in the school
Most courts apply the Tinker vs. Des Moines Independent Community
standard to determine if school officials can regulate student clothing.
This standard allows school officials to suppress student expression that causes a
substantial disruption or material interference with the school environment.
Most recently, school systems are trying to limit the images on the student’s
For example, in the case, Newsom v. Albemarle County School Board
school system wanted to prohibit clothing representing weapons.
There was also a
similar case, based on whether sagging jeans were appropriate in the school environment.
“Many courts will analyze student dress cases under a threshold test established by the
Supreme Court in flag-desecration cases (Hudson, David Jr. L. "Student Expression:
Clothing, Dress Codes, and Uniforms." Source #1).”
The test asks whether the student