Is the student’s appearance or dress a form of expression under the First Amendment?
There are not clear rules that all courts follow in this area. However, in general, personal appearance and dress that amounts to speech or expression has greater protection that personal appearances that are just assertions of one’s desire to dress how he wants or exercise his liberty. In other words, a student conveying a message, be it political, religious, or other, will have a stronger interest in conveying that message than if he or she is simply trying to convey his or her “individuality”. A message is protected speech under the first amendment if the speaker intends to “convey a particularized message…and in the surrounding circumstances the likelihood [is] great that the message [will] be understood by those who [view] it.” If a message is protected under the first amendment, then a court’s decision will depend on its reading of the first amendment for students in school. If the message is not protected under the first amendment, then the school’s ability to regulate a student
