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 New Jersey, 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 and legitimate reason for the restrictions, such as preventing disruption to the educational environment or maintaining safety and order. The standard used to evaluate these policies is whether the restricted expression would materially and substantially interfere with the operation of the school. Dress code policies must be neutral and consistently applied to avoid discrimination based on race, religion, gender, or other protected characteristics. Each case involving a challenge to a school's dress code policy is assessed individually, taking into account the specific circumstances and the policy's impact on the school community.