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 Minnesota, schools are permitted to implement dress codes and uniform policies, which may include restrictions on clothing styles, hairstyles, headwraps, hair color, and facial hair. However, these policies must not infringe upon students' First Amendment rights to free speech or be discriminatory in nature. When students challenge these policies, schools must demonstrate a substantial justification for the restrictions, showing that the prohibited styles or messages would likely cause a disruption to the educational environment or interfere with school activities. The standard for this justification is that the school must prevent actual disruption or interference, not merely hypothetical concerns. Each challenge to a dress code policy is assessed individually, taking into account the specific circumstances of the case. Minnesota schools must balance the need for a conducive educational environment with the constitutional rights of students, ensuring that any limitations on expression are necessary and not overly broad.