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"In a case of first impression in this circuit, we address just such a set of challenges and largely conclude that public school mandatory dress policies survive constitutional scrutiny."

"In a case of first impression in this circuit, we address just such a set of challenges and largely conclude that public school mandatory dress policies survive constitutional scrutiny." In a ruling issued today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejects a student's constitutional challenge to the dress code policy of the Clark County, Nevada public schools.

Circuit Judge Sidney R. Thomas's dissenting opinion begins (footnotes omitted): "Kim Jacobs wanted to wear a T-shirt to Liberty High School containing a message expressing her religious beliefs as a member of the Church of Jesus Christ of Latter-day Saints. When she did, she was suspended four times, for a total of twenty-five days, because the only messages allowed on shirts were those promoting the school. She alleges that she was penalized academically, suffered emotional harm, and eventually was forced to transfer to another school." He concludes that "[o]n this record, the governmental interest in promoting 'school spirit' cannot come close to outweighing Kim Jacobs' First Amendment rights."

Update: At "The School Law Blog" of Education Week, Mark Walsh has a post titled "9th Circuit Upholds School Uniform Policy."

Full post as published by How Appealing on May 12, 2008 (boomark / email).