Schools often have a dress code that requires school uniforms or that limits clothing styles—such as policies of no tank tops, shorts, low-cut tops, pants worn below the waistline, or suggestive, provocative, or controversial messages. Some schools extend these dress code policies to hairstyles, headwraps, hair color, and facial hair.
These policies are sometimes challenged by students on free speech grounds (under the First Amendment to the U.S. Constitution) and on discrimination grounds. Schools are required to meet a high burden to justify restricting their students’ right to freedom of speech.
Each school policy and claim of a violation of law must be evaluated on a case-by-case basis but schools are generally allowed to restrict clothing, speech, and hairstyle choices only if they would likely disrupt the educational environment of the school and interfere with school activities—including by causing tension and discord among the students or teachers.
In Arkansas, schools are permitted to implement dress codes and uniform policies, which may include restrictions on clothing styles, hairstyles, headwraps, hair color, and facial hair. These policies are designed to promote a conducive educational environment and minimize distractions. However, when students challenge these policies on the grounds of free speech (protected by the First Amendment) or discrimination, schools must demonstrate a substantial justification for the restrictions. Specifically, they must show that the prohibited styles or messages would likely disrupt the educational process or cause tension and discord. The standard for restricting free speech in schools is based on whether the speech would materially and substantially interfere with the operation of the school, as established by the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District (1969). Arkansas schools must balance the need for order and a positive educational environment with students' constitutional rights, and any policy or incident must be evaluated individually to determine if the school's actions are legally justified.