Requiring Public School Uniforms May Infringe on Students’ First Amendment Rights
Mar 06, 2014
Burke Education Law Alert
On February 14, 2014, the Ninth Circuit Court of Appeals ruled that a public school’s policy mandating uniforms, which displayed a logo and written motto, was subject to strict scrutiny because it compelled speech, thus infringing on the students’ First Amendment rights.
In Frudden v. Pilling, the public school instituted a mandatory uniform policy which required students to wear a red or navy polo-style shirt depicting a gopher next to the school name and the motto “Tomorrow’s Leaders.”