Court rules a public school'suniform shirt hurts free speech

Phoenix Anderson, 6, of Chicago shops for school uniforms with her mother Dana at Kmart on Addison

Avenue in Chicago, Ill. Kmart expanded uniform offerings in response to the growing number of public

schools that will require students to wear uniforms. Photo: John Konstantaras /AP Images for Kmart

SAN FRANCISCO — In 2011, a Nevada public elementary school decided that

all students must wear a uniform. The unusual part of this uniform is the shirt.

Written across it is the school’s motto, “Tomorrow’s Leaders.” The words are

above a drawing of the school mascot, a gopher.

One parent objected to the uniforms. Eventually, she sued. She claimed that the

writing on the uniforms was against the First Amendment of the Constitution.

That amendment protects the right to free speech, so people can say what they

want. It also means they cannot be forced to say something they do not want to,

in speech or writing.

In a ruling this Friday, three judges from a court agreed with her. They declared

that the words “Tomorrow’s Leaders” could harm students’ right to free speech.

The uniform should not be required, the judges said.

By Los Angeles Times, adapted by Newsela staff on 02.20.14

Word Count 482

The school's uniform rule “compels speech," Judge Jacqueline H. Nguyen

wrote. That means it forces students to "say" something they may not agree with.

They are not just being forced to wear a shirt. They are being made to support

an idea: that their school is making "Tomorrow’s Leaders.”

Ruling Affects Western States

The judges also objected to another action by the school. Some students do not

have to wear the uniform. Students in national youth groups like the Boy Scouts

or Girl Scouts are permitted to wear their own uniforms on meeting days.

The court called that unfair. It "favors the uniforms of the Boy Scouts and Girl

Scouts over all other uniforms."

The lawsuit was filed against Roy Gomm Elementary School in Reno, Nevada.

But the ruling doesn't just affect schools in Nevada. It also applies to those in

California and other Western states.

Law professor Eugene Volokh represented the mother in court. Public schools

are allowed to have dress codes, he said. But they cannot make people wear

clothing with messages. It does not matter that those messages do not seem

likely to upset anyone.

Different people are upset by different things, Volokh said. “You can’t be

compelled to become a moving billboard.”

"Our First Amendment Rights"

Volokh said the school motto could be seen as promoting the idea of becoming

a leader. It could also suggest that "the school is producing leaders.”

He said the school could still encourage students to wear the uniform. But they

would have to permit clothing without the motto. And they would have to allow

the uniforms of many groups, not just the Scouts.

Mary Frudden is the mother who filed the lawsuit. She is a lawyer herself. It is

“important to protect our First Amendment rights," she said.

“I believe we should consider the best interest of every child," she said. Schools

should encourage students to think for themselves. Kids must not be made to all

think alike, she said. That would be bad for "our children and our society.”

Quiz

1 One main idea of this article is that certain things cannot be on school uniforms

which students are forced to wear. All of the following details support this main idea

EXCEPT:

(A) Putting a message on a uniform is like forcing students to 'say' the

words.

(B) People must be allowed to wear Scout uniforms instead of school

uniforms.

(C) Even if the messages don't seem upsetting, people can't be forced

to wear them

(D) The First Amendment says people can't be forced to say something

they don't want to.

2 Select the best summary of Mary Frudden's ideas in the section called, "Our First

Amendment Rights."

(A) She says uniforms are bad for our children and our society.

(B) She says the school motto makes it sound like the school is

preparing leaders.

(C) She says schools can encourage students to wear a uniform, but

they can't force it.

(D) She says First Amendment rights need to be protected, and

children must learn to think.

3 Select the paragraph that shows WHY the judges believe it's wrong to allow Scouts

to skip wearing the school uniforms.

4 Which statement in the section called, "Ruling Affects Western States," shows WHY

schools can't force students to wear messages even if the messages don't seem

upsetting?

(A) Judges get upset about school uniforms.

(B) Different people are upset by different things.

(C) Parents can get upset by the First Amendment.

(D) It upsets the Scouts when they can't wear their uniforms.

Answer Key

1 One main idea of this article is that certain things cannot be on school uniforms

which students are forced to wear. All of the following details support this main idea

EXCEPT:

(A) Putting a message on a uniform is like forcing students to 'say' the

words.

(B) People must be allowed to wear Scout uniforms instead of

school uniforms.

(C) Even if the messages don't seem upsetting, people can't be forced

to wear them

(D) The First Amendment says people can't be forced to say something

they don't want to.

2 Select the best summary of Mary Frudden's ideas in the section called, "Our First

Amendment Rights."

(A) She says uniforms are bad for our children and our society.

(B) She says the school motto makes it sound like the school is

preparing leaders.

(C) She says schools can encourage students to wear a uniform, but

they can't force it.

(D) She says First Amendment rights need to be protected, and

children must learn to think.

3 Select the paragraph that shows WHY the judges believe it's wrong to allow Scouts

to skip wearing the school uniforms.

Paragraph 5:

The court called that unfair. It "favors the uniforms of the Boy Scouts

and Girl Scouts over all other uniforms."

4 Which statement in the section called, "Ruling Affects Western States," shows WHY

schools can't force students to wear messages even if the messages don't seem

upsetting?

(A) Judges get upset about school uniforms.

(B) Different people are upset by different things.

(C) Parents can get upset by the First Amendment.

(D) It upsets the Scouts when they can't wear their uniforms.