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 Missouri, as in other states, public schools have the authority to implement dress codes and uniform policies. These policies may regulate clothing, hairstyles, and other forms of personal expression. However, under the First Amendment, any restrictions on student expression must be balanced against students' rights to free speech. Schools can justify dress code policies if they can demonstrate that the restricted clothing or hairstyles would likely cause a disruption to the educational environment or interfere with school activities. This includes preventing tension and discord among students or teachers. When students challenge these policies on free speech or discrimination grounds, courts will assess whether the school's policy is narrowly tailored to achieve a significant educational objective and whether it leaves open other avenues for expression. The specific details of each policy and the circumstances of its enforcement will determine the legality of the restrictions. It's important to note that private schools may have more leeway in enforcing dress codes and uniform policies, as they are not bound by the same constitutional requirements as public schools.