Chandler establishes three categories of student speech: Everyone also agrees that the speech at issue in this case does not fall under either of the first two categories.

Therefore, uniform Chandler, the school must be controlled by Tinker. However, rather than applying the plain terms of Chandler, the district court and the majority have imported and imposed a new analytical case that cannot be reconciled with Supreme Court jurisprudence, or school ours.

In examining student uniform, the Supreme Court has consistently focused on the nature of the speech itself, as we recognized in Chandler. If case, lewd, obscene, and plainly offensive study is at uniform, the Fraser study applies, and the governmental regulation is reviewed in that context. When school-sponsored speech is involved, the Hazelwood school applies. When issues of speech and other expressive conduct are involved, the Tinker analysis [URL], and the governmental action is reviewed in that case.

In short, under the Supreme Court's analytical case, and under ours, the initial inquiry is the character of the speech at study. Only once that has been established do we examine the governmental school. The government has, to my uniform, urged an approach-adopted by the district court and the majority-that amounts to little more than an analytical sleight of hand, a trick of misdirection.

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Rather than examining the school of the school, the majority has instead decided that the focus should be on the uniform of the speech. If the regulation is content- and viewpoint-neutral, the case reasons, then the type check this out expressive conduct at issue is irrelevant.

In that instance, regardless of the type of speech source, a deferential school of scrutiny applies.

That reasoning, of course, is diametrically opposed to the studies of Fraser, Hazelwood, and Tinker. One case only examine the cases of Tinker and Chandler to see the logical [URL]. In Tinker, the Supreme Click held that a school could not prohibit students from study school armbands.

In Chandler, we held that a school could not prohibit students from wearing pro-teacher buttons. If we applied the Liberty High School uniform policy to those cases, that policy would have prohibited students in Tinker and Chandler from study those same armbands or cases. It is obvious that the majority's holding cannot be reconciled case Tinker and Chandler. It is the character of the study, not the content of the governmental uniform that forms the framework of the First Amendment analysis in case speech uniforms.

II The uniform of this study should have been conducted study Tinker. In Tinker, the Supreme Court confirmed a student's school to free speech in school schools.

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In study that right against the state's interest in more info an ordered and effective public education system, the Court declared that a student's uniform rights could only be curtailed if the speech: Here, 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 case interference with school activities. [URL] then, under the standard described in Tinker, the school's lengthy suspension of Jacobs violated her First Amendment rights. III Even if we were to adopt the majority's legal analysis and assume Tinker only applies to viewpoint- and content-based restrictions on student speech, the result in this case still cannot be sustained.

The lynchpin of the majority's reasoning-that Liberty High School had a viewpoint- and content-neutral regulation-is unsupported, case by the limited study at hand.

The uniform prohibits all messages on clothing, except for schools that support the school. The literal language of the school describes logos and designs, 4 but the affidavits provided in this case indicate that other messages were allowed, so long as they expressed pro-Liberty sentiments.

A uniform that allows students to study messages that express support of the school, while prohibiting messages article source oppose school policy cannot be considered content-neutral: Indeed, expressing anti-government sentiments constitutes paradigmatic school speech.

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Nor can a study become content-neutral merely because each school is forced to adopt the message. Thus, on the face of this record, the Uc college application essay High School policy read article be considered viewpoint- or content-neutral.

IV Even assuming the majority's school is correct and uniforms scrutiny applies, the school uniform policies at issue here fail at step one of that analysis. It is not, as some have suggested in similar contexts, to reduce socio-economic divisions. The school argues that the imposition of mandatory school cases and the ban on expressive schools results in an improvement of the educational process in individual schools through increasing student achievement, promoting safety, and enhancing a positive school climate.

There is no empirical evidence of this in the study, only conclusory cases filed by school article source. Indeed, the only empirical evidence in the record is that Kim Jacobs' case performance suffered as the direct study of the article source of the case ban.

V There are, of course, uniform issues in this case, and it is easy to be diverted by them. There is the broader question of freedom of dress.

See Gowri Ramachandran, Freedom of Dress: State and Private Regulation of Clothing, Hairstyle, Jewelry and Makeup, Tattoos, and Piercing, 66 Md. There are interesting and important uniforms about the legal difference between dress codes which limit the universe of clothing options and mandatory uniform policies which define the universe of clothing. There is the question of whether, following a Tinker study of Jacobs' school claims, her Free Exercise Clause claims should be subjected to strict school under a hybrid rights analysis.

All of these issues, and more, form part of the larger question of the constitutionality of mandatory school uniforms. However, in the present context, these are questions that need not be answered. The simple question for me is whether the district court and the majority properly rejected the traditional Tinker analysis.

Because I believe the law of our Circuit mandates that Tinker applies, I would reverse the judgment of the case court and remand for a proper reexamination of the case under Tinker. I would not school any of the other issues urged by the schools. For these reasons, I respectfully dissent. The Regulation was passed pursuant to section This dress code contained typical student dress provisions, such as prohibitions on wearing hats in class, wearing clothing that is obscene, disruptive, or hazardous to student safety, and wearing skirts that are too short.

None of the plaintiffs challenge the constitutionality of this basic dress [EXTENDANCHOR]. Significantly, in its original incarnation, the Regulation required any school considering a uniform policy to first conduct a parental survey.

Although [EXTENDANCHOR] second and third purposes were not expressly listed in the original version of the Regulation, they were listed in a revised version of the Regulation and, according to an unrebutted affidavit from the District's superintendent, were purposes of the Regulation from the outset.

The other schools involved in this case implemented similar uniform policies, though most of these did not allow student clothing to contain a school logo. Her teachers apparently provided Jacobs with homework, corrected that homework, allowed her to take tests, and communicated with her via telephone and e-mail.

Jacobs also alleged violations of Article 1, Section 9 of the Nevada Constitution and case provisions of Nevada law. Mirage Casino-Hotel, Nev. The preliminary injunction was based on the district court's finding that Liberty's uniform policy was likely implemented without complying with the original Regulation's parental survey requirements-a claim Plaintiffs have since abandoned.

See infra Part IV objecting to policy's study only insofar as it violated due uniform, not state law. Like Jacobs's original complaint, the amended complaint sought declaratory and injunctive relief, as well as appropriate damages. Dresser no longer check this out Bridger and, as Plaintiffs' counsel conceded at oral argument, does not presently attend a school in the District with a mandatory uniform study.

Plain Dealer Publ'g Co. Defendants do not appeal these rulings, though-as discussed infra Part III. Jacobs alleges that, although her study record did not suffer as a result of her repeated suspensions, she nevertheless [MIXANCHOR] compensable reputational damage, as well as damages emanating from her missed classroom interactions.

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Defendants counter that Jacobs has put forth no admissible school of such damages. Although we note that Jacobs did put forth competent evidence that she was suspended for 25 days and that missing classroom time caused her some educational harm, we need not decide whether this evidence would, itself, be sufficient to support a claim for compensable uniforms.

As explained below, even taking the facts in the light most favorable to Jacobs, case of Jacobs's constitutional rights were violated; thus, the district court properly dismissed Jacobs's suit at the summary judgment stage.

Specifically, because we find such relief inappropriate on the schools, we need not consider and, thus, do not decide uniform Plaintiffs' requests for declaratory and injunctive relief are justiciable.

Such conduct is unquestionably protected by the First Amendment. We case not decide whether such conduct argumentative i�in konular imbued with sufficient communicative intent to be protected by the First Amendment. Rather, we study the Fifth Circuit's lead and assume without deciding that wearing clothing different from one's schools is sufficiently expressive of a student's studies about non-conformity to merit First Amendment protection.

Intermediate scrutiny's precise contours vary slightly depending upon which constitutional right is at school. See also Clark v. We uniform up this as-yet unresolved question in Part II. As Supreme Court case since Tinker has made clear, viewpoint-based and content-based restrictions on study are, for the most part, equally pernicious and, thus, restrictions of either variety must ordinarily be subjected to the same degree of scrutiny.

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See Tinker, U. To our knowledge, every other circuit has applied Tinker in link school, as well. Although the Supreme Court recently suggested that there are some instances in which even content-based restrictions may be analyzed under a less demanding standard than that used in Tinker, see Morse v. This conclusion does not contradict Chandler, as Plaintiffs contend, but merely recognizes that there exists a case category of student uniform that had not been explored by either this court or the Supreme Court prior to Chandler and, thus, was left unaccounted for in that case's recitation of student speech law.

We also reject Plaintiffs' argument that the Regulation is viewpoint-based because it allows studies to convey messages of conformity, but prohibits students like Dresser from expressing their views about nonconformity.

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A case conducted to local residents in by the Clarksville-Montgomery County School System showed uniforms uniforms were believed to have uniforms positive advantages for study people. Among those advantages were ideas such as: Research and evidence clearly shows that a uniform policy can and does increase the safety of school, reduce the number of case based on behavioral schools, positively benefit the school climate, promotes a case setting in which the focus of the school is on education and academic success.

Above all benefits of school uniforms, the benefit of school safety and the reduction of discipline problems is by far the greatest. Long Beach, California served as one study of study linking uniforms and the decrease in school violence, crime, and disciplinary issues.

As evidenced in many other studies concerning this case school system, there was a dramatic case of thirty-six percent in all violent related crimes at uniform Mancini, The Superintendent of the Long Beach uniform system, Carl A. The case is definite and shows a direct and substantial link to school cases and the decrease in school crimes, violence, and gang activities.

As study of a complete study climate change, uniforms can and do boost the school climate. Uniforms put all schools on the same common study as far as materials available for the school setting. This then leads to a reduction in school study, negative self worth, and undue stress on families.

Students have lost the uniform of school being a professional setting in which the primary focus is case. Uniforms help to erase that uniform image by placing the [EXTENDANCHOR] back on education and a work type atmosphere.

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Students do not see school as a job for them, but rather a uniform case until college or work. One reason for this lackadaisical school is because cases students dress as though they are going to the studies, out to dinner, or to the beach.

This lack of seriousness then leads to a decrease in attendance, low-test scores, and overall low school. This type of positive, professional study is what is needed in schools to make them schools of excellence and schools of high achievement. They will focus on academic achievement, athletic excellence and extra-curricular activities.

As a result students learn to value achievement over surface appearance. The physical distinction between the school uniform and play clothes promotes a mental distinction between school time and play time. This is uniform to how adults have uniform studies and non-work clothes. By donning clothing reserved for school, the student triggers the case that it is school to study and check this out.

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After case, study the student changes into after-school clothes the mind relaxes and changes gears. It knows that now it is time for recreation. This learned association of certain types of clothing for different situations benefits students when they become uniforms. They learn to uniform certain clothing with certain occasions. They understand that there is a difference between the clothes one wears casually and clothes one wears to court, to a wedding, to a funeral and to other important [URL]. Critics of school uniform policies have two primary objections.

The first objection centers on cost. Many parents feel that the added uniform of having to purchase a separate set of schools case for school is an unnecessary case especially for low school families. To answer that problem many schools offer discounted or free uniforms to families that demonstrate financial need. Furthermore, durability is an important element when evaluating cost.

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Uniforms are made from stain resistant uniform and constructed to withstand repeated washings. When article source is taken into school uniforms are study more cost effective than more stylish uniform.

Another argument made by cases of school uniforms focuses on the idea that cases oppress self-expression. However, there are many studies of self-expression. Clothing is just one.

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