Stoking the secessionist flames…Can schools ban rebel clothing?
Published Friday, March 31, 2006 by Editor | E-mail this post 

Some people simply can’t let go of history…the Japanese can’t accept that they were the aggressors during WWII. The French can’t accept that their revolution wasn’t and some Southerners can’t accept the reality of the US Civil War.
In South Carolina, the family of a 15-year-old high school sophomore is suing officials with Latta High School because the young secessionist was wearing a shirt with the Confederate Battle Flag. Candice Hardwick said she wanted to wear her rebel clothing to honor one of her ancestors who fought for the Confederacy during the Civil War. Schools have long held that they have the right to ban certain clothing deemed to be disruptive. The family’s suit alleges violation of Candice’s First Amendment rights. So the question is does Candice have a right to wear her rebel attire in school?
Generally it is accepted that public schools can implement dress codes and/or ban certain apparel if it can be genuinely shown to be a disruption. The Supreme Court has found that students cannot be prevented from engaging in non-disruptive speech and simply because an article of clothing is deemed offensive does not necessarily imply it is also disruptive.
This is an excellent case study in the boundaries of free speech and a legitimate argument can be made in either direction, but one must ask the question why is Candice and her family so concerned about this rebel flag at the expense of her education? One doubts Candice’s family would go to such lengths to ensure that the 15 year old mastered calculus or clearly understood the complexities of economics or biology…no her family wastes its time of confederate battle wear, as if this will help her find gainful employment. Would anyone venture to guess Candice’s high school GPA? Chances are her parents won’t expend any resources to advance that cause…
Link to Charlotte Observer article
And, of course, in a system of privately provided (even if publicly funded) education, issues such as this would not arise in the first place.
Maybe it is time for public schools to begin instituting a dress code. Too much time and effort is spent by administrators and teachers enforcing dress code violations. Think of all the time, money, and aggravation that could be saved. No more provocative teenage girls scantily dressed. No more thug boys with their pants falling down. Parents would save hundreds maybe thousands of dollars by purchasing a couple pairs of khakis and a few navy blue (or school color) shirts. No more trying to keep up with the Jones and no more "what am I going to wear today"? The less distractions a student has at school the more time that can be spent on what is important, learning. Although the retail lobbyists will be in an uproar, but who isn't in an uproar these days in this country?
Another solution would be to abolish public schools, allow parents to choose the school their children will attend and institute a voucher system...of course a true libertarian move would abolish the property tax that funds these schools and leave parents to their own devices, those that can't afford to educate their children should not have them...