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 Maine, as in other states, schools have the authority to implement dress codes and uniform policies that may include restrictions on certain types of clothing, hairstyles, and other forms of personal expression. These policies are often justified on the grounds of maintaining a safe and distraction-free educational environment. However, when students challenge these policies, they may invoke the First Amendment's protection of free speech. Schools must then demonstrate that the restrictions are necessary to prevent a substantial disruption of or material interference with school activities. The standard for this justification comes from the U.S. Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969), which allows schools to limit student expression only if it would likely cause such disruption. Additionally, dress code policies must not discriminate against students based on protected characteristics such as race, religion, gender, or national origin, in accordance with federal anti-discrimination laws. Each incident involving a potential violation of these rights is subject to individual assessment, taking into account the specific circumstances and the nature of the claimed infringement.