Question by Dummets: Can a student’s clothes be banned in a public school due to irritated religious students?
No matter how satanist it is or whatever? I know that a school cannot ban clothing if it’s anything anti religious because public schools are supposed to be secular. But what if there are students who are irritated? Does the school still have the power to ban the student’s clothing without violating his 1st amendment rights? Even if the clothing isn’t obscene or anything.
Ok not anti-religious, but sort of an Anti-Aids shirt or safe sex shirt. What about those? They aren’t meant to demean anybody but of course being gay is against one’s religion.
Best answer:
Answer by Lynn
Schools can set reasonable guidelines for dress codes, as long as they don’t favor one viewpoint over another. Clothing that is disruptive, no matter what its message, is within the school’s discretion to ban.
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Tags: banned, clothes, irritated, public, religious, school, Students
5 Responses to “Can a student’s clothes be banned in a public school due to irritated religious students?”
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May 17th, 2010 at 3:34 am
A school could ban shirts of all religious content including anti-religious shirts. It would have to ban both though. And it could not discriminate against one specific religon’s shirts.
May 17th, 2010 at 4:10 am
If its a catholic school or a private school they can do whatever they want. They could ban the color red if they wanted and it would be perfectly legal.
In public school they have to follow the school boards rules and cant make choices like that on there own.
May 17th, 2010 at 4:12 am
YES they can. You are INTERFERING with their ability to learn by offending them that much, and you are likely doing it upset others. Remember schools can set much different guidelines then other things. Yeah play like that long enough and you can likely help get the school to put in a dress code.
May 17th, 2010 at 4:40 am
School’s have clear policies on what a student can and cannot wear
May 17th, 2010 at 5:16 am
Well what’s correct and what happens are usually different. Legally, considering it’s not obscene, they can’t ban it unless it is disrupting lessons but this is a very vague guideline so the school can basically ban it easily if they want. And your chances of overturning the decision are slim and it will be a great burden on you to do so.
Basically if you think it might be offensive enough to cause a problem then they will probably ban it.
“Tinker v. Des Moines Independent Community School District” is the landmark case on the issue and is a very interesting read if you want to look into it further. (Involved students wearing black armbands in opposition to war and lead to the “disruption” precedent).