Missouri Department of Elementary and Secondary Education

Blau v. Ft. Thomas Public School District, 401 F.3d 381 (6th Cir. 2005)

On behalf of himself and his daughter Amanda, Robert Blau sought review of a United States District Court decision granting summary judgment in favor of the Fort Thomas School District, Ft. Thomas, Kentucky.  Blau contended that the dress code adopted by Highland Middle School violated 1) Amanda’s First Amendment right of freedom of expression, 2) her substantive due process right to wear the clothing of her choice, and 3) his substantive due process right to control his daughter’s dress.

In 2001 Highland Middle School adopted a more restrictive dress code in hopes of creating unity, strengthening school spirit, reducing disruptions, enhancing school safety, improving the learning environment and bridging socio-economic gaps, among other things.  During its development the policy received support and input from school council members, parents, teachers and students.  Prior to its implementation Blau and Amanda, who served on a dress code committee formed by the school’s council, attended a meeting about the proposed dress code. 

Not long after the dress code was implemented Blau filed suit in federal court seeking injunctive and monetary relief.  In its analysis the court stated that a regulation restricting expressive conduct “will be upheld if:

1) it is unrelated to the suppression of expression;
2) it ‘furthers an important or substantial government interest’; and
3) it ‘does not burden substantially more speech than necessary to further the interest.”

Applying these conditions, the court dismissed Blau’s claim that the dress code violated Amanda’s First Amendment right of freedom of expression noting that it does not protect a 12 year-old’s “vague and attenuated notions” of self-expression.  To receive protection under the First Amendment, Amanda’s clothing must convey or express a “particularized message”, which it did not.  The court also argued that the adoption of a dress code deemed “appropriate” for middle school students to promote school unity, reduce socio-economic gaps and improve discipline furthers an important governmental interest.  Finally, the court dismissed Blau’s claim that the dress code was overbroad, noting that it did not have the effect of substantially suppressing the expression of others.  The court noted that students still had ways to express themselves within the confines of the dress code.

As to Blau’s claim that the dress code violated Amanda’s substantive due process rights under the 14th Amendment because the code prohibited her from wearing blue jeans, the court disagreed noting that there is no fundamental right to wear blue jeans to school.  The court also dismissed Blau’s claim that the dress code interfered with his fundamental right to direct the education of his daughter.  While Blau had a fundamental right to decide to send his daughter to public school; he did not have a fundamental right to exempt her from the school dress code.  Various state claims brought by Blau were also dismissed.