5. Rule of Law

This case became extremely important to not only our interpretation of civil law but also school law. It allows students to exercise their constitutional rights.

“The Court ruled that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process. Because wearing a black armband was not disruptive, the Court held that the First Amendment protected the right of students to wear one.
SINCE THEN
Tinker remains a frequently-cited Court precedent. In Morse v. Frederick, the Supreme Court will decide whether Tinker remains good law, and whether the First Amendment continues to protect the right of students to express controversial views that are not disruptive but may disagree with official school policy.”
(http://www.aclu.org/freespeech/youth/29035res20070316.html)

But because of the ruling on this case, things have become a little difficult for school officials today regarding the dress code. Every year the dress code in the schools seem to be getting stricter. It started with the wearing of sports jerseys, some schools said that students were not allowed to wear them stating that they promoted gangs and violence. Quickly it moved to logos and sayings on t-shirts. If a t-shirt has a political message, can we really ban it from the dress code? For example if a t-shirt says “DRUGS SUCK”, even though it is promoting a positive message, the way it is stated is considered vulgar and offensive. But is it not in our students’ constitutional right to wear that shirt as a protest against drugs? Many schools have resorted to standard uniforms now, plain khaki pants or unripped and unfrayed jeans and a collared plain blue, red or white shirt. This case stood up for our constitutional freedoms, but it really threw a wrench into the way our school district is able to make decisions on dress code, they have to worry about violating the students’ constitutional rights.