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 Rhode Island, schools are permitted 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 conducive educational environment and preventing disruptions. However, when students challenge these policies based on First Amendment rights to free speech or on discrimination grounds, schools must demonstrate a substantial justification for the restrictions. The justification typically hinges on whether the restricted expression would materially and substantially interfere with the operation of the school or infringe on the rights of other students. While schools have some leeway to regulate student expression, any restrictions must be applied in a non-discriminatory manner and cannot be more restrictive than necessary to address the school's concerns. Each incident involving potential violations of students' rights is assessed individually, taking into account the specific circumstances and the nature of the expression at issue.