Sunday, August 5, 2012

When did uniform in school become a legal matter 0_o

I remember when I was in school and I thought that uniforms would prevent me from wearing that cute pair of jeans that I bought over the weekend. This was the most relevant argument against mandatory uniforms. My group's debate topic addresses the pros and cons of mandatory school uniforms and I have found some interesting points in my research.

I should start by saying that I have no interest in either side of the argument; I am indifferent. However, my research has identified parents who were so concerned about their child's freedom to express, that they brought this matter in front of a judge. So I changed my thinking for a moment to consider this issue as a potential violation of our United States Constitution.

In the case of Littlefield vs Forney Independent School District, parents argued that the school district violated their children's First and Fourteenth Amendment rights to freedom of expression and equal protection. The O'Brien test was applied to determine if the school district violated the students' Constitutional rights. The O'Brien test would determine the following:
  • if mandatory uniforms is within the constitutional power of the government
  •  if it furthers an important government interest
  • if the interest is unrelated to the suppression of student expression
  • and if the incidental restrictions on first amendment activities were no more than is necessary to facilitate the interest.
The 5th Circuit court determined that the school district met each point of the O'Brien test and was not in violation of the Constitution. The purpose of mandatory uniforms policy was to increase academic performance, improve discipline and self-esteem. Therefore, mandatory uniforms were justified as long as it was limited to dress and did not extend to other forms of expression.


In other cases similar to this one, the School Districts were favored in every legal case. Some people feel strongly about this issue but I do not believe that it should have gone before a judge. I understand both sides of this debate and I hope that parents/students and teachers will  see the every side equally.


Vopat, M. C. (2010, Nov). Mandatory school uniforms and freedom of expression. Ethics & Education, 5(3), 203-215.


http://kidsfashion.about.com/od/doityourselfstyles/tp/The-Arguments-Against-School-Uniforms.htm
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2 comments:

  1. UnknownAugust 10, 2012 at 2:15 PM

    I, too, am surprised by the passion with which students and parents alike argue this issue. I think this may be due to the fact that I never attended a school with a uniform policy. It seems that having been forced to wear a uniform may affect and strengthen one's opinion on the topic. Still, I agree with you that it's a bit of a petty issue to bring before a court.

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  2. Sarah O'ConnorAugust 12, 2012 at 12:57 PM

    From second through twelfth grade I had to wear a uniform: white or green polo, unflattering khakis, and brown or black leather shoes. I recall the countless debates going on about whether uniforms in public schools should be allowed (I went to private), and although I despised the lack of expression I had in my clothing, I understood the point. When everyone wears the same thing, focus is taken off of clothing choices and placed onto academics. You don't know immediately from appearances who has money and who does not. Uniforms allow students to be recognized more for their mind instead of their choice of attire. Freedom of expression can be shown in a variety of ways that do not interfere with academics.

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