Legal Question in Civil Rights Law in Ohio

I am a student at a public high school. I recently (about 2 weeks ago) dyed 3 strips of my hair purple. One strip behind each ear, and a strip in my bangs; all three of which are primarily covered by the top layers of my hair. So reads the student handbook: "While the Norwalk City Schools accepts the concept of freedom of choice in student dress and personal grooming, it also realizes its responsibility in setting reasonable limits beyond which a student's personal freedom is limited for the common good. A student shall not dress or appear in a fashion deemed inappropriate because it either: (1) intereferes with the student's health and welfare or that of other students; (2) causes disruption or is determined to be vulgar and offensive; or (3) directly interferes with the education mission of the school." Under this section, the rules for dress and personal grooming are listed. Number 13 reads: "Hair color must be a natural tone. Dyed or sprayed hair in artificial colors is not permitted. Outrageous hair styles or those that impede vision are not allowed. Any facial hair must be kept neatly trimmed."

However, according to the Supreme Court Case Tinker vs. Des Moines Independent Community School District, it was decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. Also, the United States Supreme Court has decided that public school officials can't censure you unless they have a "reasonable expectation" that your expression will cause a "material and substantial disruption" of school activities or invade the rights of others. It's not enough for school officials to just have what the U.S. Supreme Court called an "undifferentiated fear or apprehension." And again, after this court case, there were others to follow, after which the Supreme Court ruled that non-speech means applied to freedom of expression and freedom of speech.

My principal and assistant principal are telling me now that I must take the purple out of my hair; yet I continue to argue that I have that right under the Constitution and other documents. The school officials argue that the Board of Education is granted the right- by the Federal Government- to put "reasonable limits" on my rights as a student, i.e. my right to freedom of expression. However, they are not given rights to limit any other amendment, so how can their point be valid? Please help me as soon as possible, as it is that I cannot miss school because of my hair.


Asked on 1/24/10, 10:50 am

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Sorry, you have to change the hair back to normal. In college you can go wild with it! Please, excuse any typos,as tying is not my strong suit. Good luck!

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Answered on 1/30/10, 1:30 am


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