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 Ohio, as in other states, schools have the authority to implement dress codes and uniform policies that may include restrictions on clothing styles, hairstyles, headwraps, hair color, and facial hair. These policies are often justified by the need to maintain a conducive educational environment and to prevent disruptions. However, students may challenge these policies on the grounds of free speech under the First Amendment or on discrimination grounds. When such challenges occur, courts typically use the 'Tinker' test, derived from the Supreme Court case Tinker v. Des Moines Independent Community School District, to determine whether a school's restrictions are permissible. This test allows schools to restrict student expression only if it can be shown that the expression would cause a substantial disruption or material interference with school activities. The burden of proof is on the school to justify such restrictions. Each case is unique and must be evaluated individually, taking into account the specific circumstances and the nature of the claimed disruption or discrimination.