May a school constitutionally punish students for wearing long hair or dying their hair an unusual color?

The courts are much divided on this issue. The First, Second, Fourth, Seventh, and Eighth Circuits seem receptive to students' claims regarding personal choice with respect to their hair. However, the Third, Fifth, Sixth, Ninth, and Tenth Circuits seem unreceptive.

Most of the cases in which lawsuits have been brought against schools have involved hair length (especially sideburns in the 1970s) and earrings. Many of the student hair cases today deal not with length but color. For example, a high school student from Virginia sued his school district in federal court after school officials suspended him for having blue hair.

A federal judge reinstated the student, finding a violation of his constitutional rights. Generally speaking, the courts that have found a constitutional issue have ruled along similar lines, claiming that a student's choice of hair color and style raises either a First Amendment free expression issue or a 14th Amendment liberty or equal protection interest. Some ... more.

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