Blau v. Fort Thomas Public School Dist

In Blau v. Fort Thomas Public School Dist. (6th Cir. 2005) 401 F.3d 381, a student challenged a school dress code because she "wanted to be able to wear clothes that 'looked nice on her," that she 'felt good in' and that expressed her individuality." (Blau, supra, 401 F.3d at p. 386.) The Sixth Circuit held that the plaintiff had "not met her burden of showing that the First Amendment protects her conduct-which in this instance amounts to nothing more than a generalized and vague desire to express her middle-school individuality." (Id. at p. 389.) "The First Amendment does not protect such vague and attenuated notions of expression-namely, self-expression through any and all clothing that a 12-year old may wish to wear on a given day. . . . To rule otherwise not only would erase the requirement that expressive conduct have an identifiable message but also would risk depreciating the First Amendment in cases in which a 'particularized message' does exist." (Id. at p. 390.)