Legal Question in Constitutional Law in Illinois

My school is derpriving me of my freedom of expression by telling me I am not allowed to have graphics cut into the side of my head.

THERE IS NO RULE ABOUT THIS in the handbook.

There is a disclaimer but it is only valid if I am desruptive to the educational enviorment.

Now, I am not disruptive to the education enviorment because I was allowed to spend an entire day in-class, and no teachers have complained about me being disruptive.

The board admin of student discipline said he is going to side with my principal because

and I quote "If you can do it, that means I have to let every gang banger in this school do it"

I am in no way affiliated with a gang of any sort.

The graphic was on both sides of my head as well.

LEAGALLY: what can I do to fight against my school since they have no legal obligation as to suspend me due to my haircut.


Asked on 12/03/10, 3:12 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Is your school private or public? The Constitution only limits the authority of the government. Public schools are part of the government, but private schools are not. If you attend a private school, the First Amendment does not give you the right to express yourself in ways the school forbids.

A public school has less authority over how you express yourself, but it still has some. I would need more facts before I could evaluate the principal's position.

Offhand I don't know how the school's rights would be affected by what the handbook says or doesn't say. The answer to this question might or might not be the same for public and private schools.

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Answered on 12/08/10, 5:14 pm


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