Canady v. Bossier Parish Sch. Bd

In Canady v. Bossier Parish Sch. Bd., 240 F.3d 437 (5th Cir.2001), the plaintiff presented this court with the same categorical argument that Palmer makes, in a facial challenge to a school uniform code. The plaintiff argued that uniforms violated the First Amendment because they banned student clothing that was not disruptive, lewd, or school-sponsored. Judge Parker, writing for the court, recognized that the Supreme Court had established these categories for situations in which schools were targeting specific speech but that content-neutral regulations "do not readily conform to any of the three categories addressed by the Supreme Court." Canady, 240 F.3d at 442. These cases all addressed "disciplinary action by school officials directed at the political content of student expression," not content-neutral regulations such as school uniforms. Id. at 442-43. Because the regulation was content-neutral, the Court held that it should be analyzed under the rules of "the traditional time, place and manner analysis and the O'Brien test for expressive conduct." Id. at 443; see United States v. O'Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968). "Thus, the School Board's uniform policy will pass constitutional scrutiny if it furthers an important or substantial government interest; if the interest is unrelated to the suppression of student expression; and if the incidental restrictions on First Amendment activities are no more than is necessary to facilitate that interest." Id. The Court concluded that viewpointand content-neutral school dress codes should be reviewed under intermediate scrutiny. In Canady v. Bossier Parish School Board, 2001 WL 58722 (5th Cir. Jan. 23, 2001), the Fifth Circuit upheld a school's right to enforce a mandatory school uniform. After acknowledging that the question of school uniforms did not fit exactly within the three categories established by Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969) (addressing school regulation directed at specific student viewpoints), Bethel School District v. Fraser, 478 U.S. 675 (1986) (addressing student expression involving lewd, vulgar or obscene speech), and Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) (addressing school-sponsored student speech), the court held that: Because (1) choice of clothing is personal expression that happens to occur on the school premises and (2) the School Board's uniform policy is unrelated to any viewpoint, a level of scrutiny should apply in this case that is higher than the standard in Kuhlmeier, but less stringent than the school official's burden in Tinker. Canady, 240 F.3d 437, 442-43. The Fifth Circuit then concluded that: The school board's uniform policy will pass constitutional scrutiny if it furthers an important or substantial government interest; if the interest is unrelated to the suppression of student expression; and if the incidental restrictions on First Amendment activities are no more than is necessary to facilitate that interest. Id. (citing United States v. O'Brien, 391 U.S. 367, 377 (1968)).