A federal appeals court ruled Monday that Clark County's school dress codes do not violate students' right to free speech after considering a case involving a junior suspended for wearing T-shirts expressing her religious faith.
The American Civil Liberties Union filed the case in 2004 on behalf of Kimberly Jacobs, a Liberty High School student suspended five times for a total of 25 days for wearing shirts that violated the school's uniform policy.
The 9th U.S. Circuit Court of Appeals agreed with U.S. District Judge Roger Hunt, who ruled in 2005 that uniform requirements do not infringe on students' rights. The panel supported the Clark County School District's policy it created to promote safety and create a positive school environment.
Allen Lichtenstein, an attorney representing the ACLU, disagrees.
"We believe that was an error, and we will do a petition for rehearing," he said.
Kimberly Jacobs, who wore shirts promoting the Church of Jesus Christ of Latter-day Saints, could not be reached for comment Monday.
Lichtenstein referred to a 1960s case called Tinker v. Des Moines. A brother and sister wore armbands to school to protest the United States' involvement in the Vietnam War. The students were suspended after their school passed a new policy banning armbands.
The Supreme Court ruled that students have a right to symbolic speech as long as it doesn't disrupt the school or infringe on other students' rights.
"The court said students don't lose their constitutional rights at the schoolhouse door," Lichtenstein said. "This decision (of the Appeals Court) suggests otherwise."
The Appeals panel voted 2-1 in favor of the School District.
Circuit Judges Michael Daly Hawkins and Richard Clifton ruled that the district's policy fulfills the goal of focusing students' attention and reducing confrontations.
Circuit Judge Sidney Thomas stated in a dissenting opinion, "There is no dispute that Kim Jacobs' wearing of a T-shirt that contained pre-printed expressions of her religious faith would not impinge on the rights of other students. Nor is there any suggestion that her T-shirt could possibly have resulted in a substantial disruption or material interference with school activities."
"We are very pleased with the ruling," said Bill Hoffman, a School District attorney. "We're pleased that the court held that the board's regulations are constitutional and do not violate the students' right to free speech, the right to freedom of religion and the right to freedom of expression."
Hoffman said the dress codes have reduced the number of conflicts on campus, although he could not provide detailed statistics.
"I can say with complete certainty that many administrators believe safety has improved and the climate has improved," Hoffman said.
Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.
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