.v" I I ‘m' "~33— I'I'I'I-E 3'; . ' 'M‘i'WrEWITI "7—.
. u---,'<_'~. 2‘; 1-:.’fig.'. 5.13:3. " ~
-~'. ibr-‘v': PM“ ‘12",‘2‘ £32. ”If?“ .I . -' ’S‘ISI’II‘."

‘ 1-.“ .V' 7 fl”? . .Y‘.
" 3.29": 1:13 3"'I'»1":."3:§)2,"VI'-'53I1 '-I'I"‘\7€i';fi f‘IiIgIII
""’ i- ', pg‘lt-m 'f ‘1-3!,,I'.‘-3‘.,‘j}"4'fi.-. .‘

. I I I’L. " I .‘ w‘
: =~.-:F?§1~M.~J;I"z ‘Izfi'f-"S-WT‘ -7‘ ' *
.w .; 3:3" ""’I""‘I"IJX}"' ’5: éfi-E‘E;

  
 
  
  
  

 
     
  
      
  

3'11. .' , .
I b" II , ‘ IA;
'." I. I..‘..'. '1 I. ‘ "I's
.'—".L2!,,-3' 1', "I -.-.‘SI‘I'} 2";1 III? V. 3}”,

II I I u

'1'“! .
I d
.. II n . ‘
’gisési‘
:lsxmr-
_,."::c.
.0

  

 
 

1

   
   

  
 
  
   
 

I II 'I,I;.,‘ . I I I
“If;- .: 'fiw' my 'w’uthvn1x.,,,i-..3I3 Wig?
Ehx'rrJQHg

      
 
 
  

      

 
 
 

    

, , JI W.fr‘;.,...xd I
‘ 1 .I {GI-II}; r I'M , 03 I ... fl‘e13lur3 . .
. , - ' . I' ..‘1 v ' :30“ ' ‘ - " . .
1 *9 L " ;,,§~,.:\% "M ‘ =£Paai~il9~y n‘. ¢:'hf,%a..1‘$$w W a ». ‘ ‘
"o O . . ,u, ... r I - _‘_ . 3 .
il‘, -IItIII ‘I‘ 351%"? ‘A " H.933?“ 3‘1 “-9.1 ".395 ..EfgzggngImIg'W-‘wfiw’g 1".{4' {Sign _ 1- ~
I,-.I fly, .u,,,l; ',’3,,3\‘ “My.“ L rm ,- ,3: “I‘II'.3.'4J_1_¥_;T‘.‘:U v.25 25...," ,§‘~:_ . '4 I 7.“..3.‘ 33
I .I\" " " 1‘ ‘5'? 3775*" ‘ . HI u" 'n‘ 4" ‘Ex‘b.:":_III‘II:“ -I'—'-‘C‘ 931' 'I .‘ "q" "I '
. . .1- .
IIL' " ' . . ,
1

   

3""?

    
  
   

I, 3,7,1; 3
.. .35., w?" 1",
III h.” 3“: J52. {SW}

   
  
  

 

. , ...,
ff.“ 7" \ . .

a» . u. I r -
’Q‘Ifu‘n'éw . ‘2'?” ' '

I: .; ,II: ”1“: :I‘

§
*4, or”?

.‘c J
'_:‘1‘,. In?!“ 7.7.14“.-

  
  
 

  
  

{3.332 a
: .' '|

_ .‘1 “
A-fi--oy-

     
 
    
   
  

I . I .I
v.1
I

.5": 'II"1IIIII'II1I,I 1.13”“; IQ
:- J-UJW" "9‘I"" I I'; i‘ "
II,5, ’Y.'II.§-_:;« II Itfig ,llb. . ,. ,i’g; ‘ ‘iiii

 

  
     

 

 
 
  
  

  
   
  

1:42.115}:

 
 

I QII' “,9 , ',I. ”,‘,I ,I ,I,-,', n .l
. Q. gl‘ I\I3 33333333 . 'Ixfl-UI \ .,;I,' 3|33,I:;I,3,
it?" '1'” H '4’ '9 1)¢"1I""333.333"I,,..1III Will 2:363: ,3,
IIII 'I II‘ I I III I‘III‘IIfi IIII "I I I I.“ IIIII-I ”I‘M”? IIIAIIIIII' 33:13:31 I PIIIIII
II, , . "Ii't,.' 93,33}, ,,33,33¢ I‘m' 'IIIIII'I
". ’ 3..., , ‘33: VI,

- I I IIIIII ,,3‘:,, I I
«w . "1' " "'4'“ ”I" - .
'l 'I I. I .‘l- g

    
  
     
 
  
   

 
  
 
   
   
  
 
  
   

   
 

”3,33: t . III“ ”II
1, .3 33_33£y3 3,, 3,3,3
' ' ' 31'-‘.uth1I.'

:C-{II‘ "I’IIIII

.' NW 'E‘I‘C‘t‘l
3. {III I. III III)I.I‘;‘.I,{I; I: ‘I 5':

.‘III I'I “{III:I
(IH‘II‘III I???
53, "
> a 1.149!
I ' 'IzI‘I'\:I,IIII. 3 ‘
33,336335'fi1y3 ‘67., {£3ka
DI ‘ l W:

.I 3., [9' I‘IiI' I I 'I 11.335! I
3“, IIII'I'M'IIII IIYIHI 3,5,,13333r,”3 ,,.'3 3
m = 3M ' s“ ”1"

I .

     
   
 
  
 

 
   
 

I..3‘I

      
 
     
 
 
 

 
  

  
     
  

‘ 'I' ‘.‘|‘II,II'I' "
‘ -'-‘-".“=V ,,3¢.3,3..3
, 44“"?! "1""?
- ‘

     
 

 
 
  
   

      

  
  

  
   
 
    

I
--|...»..v

&"I'III," IW} MIL"?

.1 "M 'L'

   
 

3 3'IJ‘{|I:IIEI1,'3"I‘dlw 33,33 ... I , ,3,“
IL "III‘II' I\I'.; I‘gv, .3”|"I 3, "ff

”tgu'

-3..‘33,",3,3 ',I,\,,I.,3 Md" ,3’,)','If:,..33' .
,, -..,,1'l,, MN}. “I

      

  

THESLQ

i“ ll "ill 1 “H \‘i \ i ll “ill “ “Ill

1293 10195 7946

 

all

 

This is to certify that the
thesis entitled
Personal Appearance Issues Appearing
In Courts Of Law And Judicial Decisions
presented by

Patricia Marie Maher

has been accepted towards fulfillment
of the requirements for

 

M,A, degree in Clothingand Textiles

 

W

Major professor

DateW

0-7639

 

i/

 

Flo

. {an a ' .
Muir); ?

   

‘
i -

V

‘1 ~-‘~.~.\\r,',!” . ,

' 1s
.' /.

  
 

   
     
 

 

 

MAR251995.

F :
minor-duper“-

Elflflflllfi LIBRARY MTERIQS:

Place in book upturn to mauve
clam from circulation records

I

.—

 

- .- .... o- h.......-— .. .

 

 

Copyright by
PATRICIA MARIE HAHER

1981

PERSONAL APPEARANCE ISSUES APPEARING IN
COURTS OF LAW AND JUDICIAL DECISIONS

By

Patricia Marie Maher

A THESIS

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

MASTER OF ARTS

Department of Human Environment and Design

1981

 

 

 

 

ABSTRACT

PERSONAL APPEARANCE ISSUES APPEARING IN
COURTS OF LAW AND JUDICIAL DECISIONS

By

Patricia Marie Maher

The purpose of this study was to identify and categorize
personal appearance issues through examining selected cases which have
been brought into United States courts of law between 1879 and 1980
with emphasis on the last twenty years.

Data collection involved the use of official and unofficial
case law reports appearing in West's National Reporter System.

One hundred sixty-five cases were located and categorized; 100
involved clothing and sixty-five involved hair. Categories based on
roles and situational settings include Students, Teachers. Employees.
Entertainment and Recreation, Courtroom Demeanor, Prisoners and Symbols.

The following conclusions were reached on the basis of the
analysis of data: 1. The severity of sanctions indicated how strongly
people felt about personal appearance which deviated from the norm.

2. The majority of personal appearance cases were brought by men.
3. Judicial references to behavior. traditional beliefs or emerging

values were not numerous.

 

ACKNOWLEDGMENTS

I am grateful to the members of my guidance committee and,
in particular, to the following individuals for their assistance in
completing this master's thesis.

I wish to express my sincerest gratitude to Dr. Ann C. Slocum.
academic program advisor. and dissertation director. for her expert
guidance. patience, and for the numerous hours spent in planning,
direction, and review.

Sincere thanks are due Dr. Leighton L. Leighty for his legal
direction, continual encouragement. and positive attitude at periods
when they were most needed.

I am indebted to my husband, Dr. James E. Maher. without whose
indispensable help, both legal and domestic, this study would not have
been completed. I am also grateful to him for answering an endless
number of legal questions. And to my children, Patmarie and Kevin, I
wish to express my appreciation for their patience and tolerance while

this work was in progress.

iii

TABLE OF CONTENTS

LIST OF TABLES
LIST OF FIGURES .
Chapter
I. INTRODUCTION
Objective and Research Question
Sources of Formal Law . .
Historic Background of Case Law

Common Law
Equity.

Historic Background of Law and Personal Appearance .

Sumptuary Laws . .
Statutes. Ordinances and Court Decisions
Summary . . .
Court Hierarchy .
Federal Court System
State Court System .
Opinions . .
Conclusion

II. THEORETICAL CONSTRUCTS .

The Social Order .
Status and Role . .
Informal Social Control
Formal Social Control . . . . . . .
Sanctions . . . . . . . . . . . . .
Conformity
Non-conformity

Personal Appearance in Relation to the Social Order:

Conclusion . . . . . .

III. METHODS AND PROCEDURES .
Data Source and Collection . . . . .
Assumptions . . . . . . . . . .

Analysis . .
Limitations of Study.

iv

Page
vi

viii

HHH
mmwommummmnpwm H

16

 

Chapter
IV. DATA PRESENTATION . . .

Symbols . . .
Government Symbols .
Group Membership
Students . .
Teachers . . . .
Religious Teachers .
Lay Teachers .
Employees .
Entertainment and Recreation
Courtroom Demeanor
Prisoners .
Prison Garb in the Courtroom
Prison Inmates .

V. FINDINGS AND DISCUSSION

Question One

Question Two . .
Racial Classification .

Question Three . . .
Dress and Grooming Codes .

Question Four .

Question Five

Question Six

Question Seven .

Question Eight .

Question Nine

Question Ten

Question Eleven

VI. SUMMARY AND CONCLUSION .
Statement of the Problem

Methodology.
Conclusion

Recommendations for Further Study.

APPENDICES
Appendix
A. Glossary of Technical Terms
B. Tables of Supporting Data .
BIBLIOGRAPHY AND TABLE OF CASES

145
148
148
148

149
156

158
164
177

 

Table

...-I
0

£0 00 \l ON 0'1 h u N
C O O C O O O

H H H H
on N H O
O O 0 O

14.
15.

16.

17.

18.

LIST OF TABLES

Symbols

Students .

Teachers .

Employees

Entertainment and Recreation

Courtroom Demeanor

Prisoners . . . . . . . . .

Frequencies of Roles and Situational Settings . .
Summary Frequencies of Hair and Clothing Issues by Sex
Frequencies and Types of Common Sanctions .

Category Frequencies for Dress and Grooming Codes
Summary Frequencies for Reliefs Sought .

Category Frequencies for Reliefs Sought and Basis of
DECiSion O O O O O O O O O O O O O

Frequencies of Legal Principles as Basis of Decisions .

Constitutional Amendments Applicable to Personal
Appearance Issues .

Summary Frequencies with which Hair and Clothing Issues
were Heard by State and Federal Courts . .

Summary Frequencies for Court Hierarchy Resolutions
of Personal Appearance Issues . . . . . .

SunInary Frequencies of Judicial Decisions and Comon
Reasons for Recognizing Personal Appearance Choices .

vi

Page

45
59
67
78
92
99
104
107
111
114
115

117
120

123

124

126

129

Table
19.

20.

21.

22.

23.

24.

8-1.

8-2.
8-3.
8-4.

8-6.

Category Frequencies of Judicial Reasons for
Recognizing Personal Appearance Choices .

Summary Frequencies of Behavioral References in
Conjunction with Personal Appearance Issues

Sunmary Frequencies of Traditional Beliefs and
Emerging Values . .

Category Frequencies of Traditional Beliefs and
Emerging Values . . .

Frequencies of Court Determination of Personal
Appearance and Symbolic Meaning .

Category Frequencies of Court Determination of
Personal Appearance and Symbolic Meaning

Category Frequencies of Hair and Clothing
Issues by Sex . . . . . . .

Summary Results for Racial Classification .
Category Frequencies and Types of Sanctions

Category Frequencies with which Hair and Clothing
Issues Here Heard by State and Federal Courts .

Category Frequencies for Court Hierarchy Resolution
of Personal Appearance Issues . . .

Category Frequencies of Behavioral References in
Conjunction with Personal Appearance Issues

vii

Page

131

134

138

139

145

147

164
169
170

172

173

174

 

 

LIST OF FIGURES
Figure Page
1. Court Hierarchy . . . . . . . . . . . . . . 11

viii

CHAPTER I

INTRODUCTION

Although sparse, some writing has been done which investigates
dress, adornment or personal appearance from a legal case standpoint.
It is authored by lawyers and law students and directed toward pro-
fessionals in an attempt to explain the legal nature of a specific case
or cases. This writing has not been directed toward the non-lawyer and
without some understanding of the legal mechanism. would not be
understood by the layman. This writing deals, chiefly. with the law
and neither examines types of personal appearance related issues
brought into courts of law, nor the effect personal appearance plays in
legal decisions.

} This chapter identifies the objectives and research questions
being investigated in this study. It also reviews the historic back-
ground of the English legal system as the basis for the American legal
system. A historic survey of Sumptuary laws, statutes, judicial
decisions, and executive orders which governed personal appearance,
and more contemporary restrictions are included. A synopsis of the
Federal and State Court systems is presented as background for the cases
cited in this thesis. The nature of judicial opinions is presented for

explanatory purposes.

 

Objectives and Research Qgestions
The following objectives and research questions were developed
to guide this thesis:

Objective 1: To identify and categorize personal appearance related
issues through examining selected cases which have been brought
into courts of law in the United States between 1879 and 1980,
with emphasis on the last two decades.

Research Questions:

1a What social roles and situational settings are identified
in issues which enter the courts?

1b Hill personal appearance issues which are brought to court
indicate that change in dress and adornment is more readily
accepted for women than for men?

Objective 2: To determine the circumstances under which individuals
perceive that their freedom in personal appearance selection
was infringed by other members of society.

Research Question:
2a What formal sanctions, if any, are applied before personal
appearance issues go to court?

Objective 3: To identify remedies available in courts when personal
appearance is an issue.

Research Questions:

3a What kinds of legal proceedings are brought to protect
one's rights regarding personal appearance?

3b What legal principles are relevant in resolving personal

appearance issues?

Objective 4: To describe the judicial system to the layman interested
in personal appearance cases.
Research Questions:
4a Do matters regarding personal appearance appear in state
or federal courts?
4b At what level of the court hierarchy are personal
appearance issues resolved?
Objective 5: To identify parameters which the courts associate with
aspects of personal appearance.
Research Questions:
5a What personal appearance choices do courts recognize
as permissible?
5b Will courts consider behavior as well as personal
appearance issues in deciding cases?
5c 00 courts consider traditional beliefs or emerging
values in deciding personal appearance choices or
limitations?
5d What personal appearance forms and motives will the

courts identify as constituting symbolic meaning?

Sources of Formal Law
In both primitive and industrial societies. rules or laws exist
which control behavior within that culture. While the sources of
fbrmal law are numerous, a distinction between a constitution, statute
law, and case law is appropriate at this point. A constitution is a
written or unwritten body of concepts formulated and agreed upon by

citizens of a nation and/or state by which citizens will be governed

until it is formally changed. Changes have occurred in the United
States Constitution, for example, thru the adoption of amendments which
have altered specific portions of the document. Constitutional amend-
ments applicable to personal appearance issues appear in Table 15.

A statute or law is a written order prohibiting or prescribing
something and is enacted by a legislative body. Courts of law admin-
ister national and/or state laws and ordinances. Reported judicial
decisions constitute case law. Case law reports are collections of
decisions rendered by the courts. A published decision is a precedent
to be followed in subsequent cases involving the same point of law --
Stare Decisis. The decisions of the highest court of a state are
binding upon the lower courts in that state. Outside that state, they
may be used only as persuasive material, that is. they are not binding.

A legislative act or statute is directed toward the future, as
far as society or its institutions permit, while case law is directed
toward the past. (Llewellyn, 1930, p. 249) Statutes, which emerged in
England around 1235, assume that case law exists and would bear little
impact without reference to court decisions. However, where case law
and statutes are not in harmony, it is generally the statute that

predominates. (Harno. 1950. PP. 8-9)

Historic Background of Case Law

 

Common Law

 

The American legal system had its origins in the English Common
Law. Judges were required to

. . . render decisions, based in part upon customary usages and
in part upon their own common sense or personal prejudices, or
as need to serve the interest of the king. the nobility. the
church . . . (Carr and Bernstein, 1965, p. 386)

Therefore, common law was derived from the customs which were common
for that time. The term conmon law was borrowed from the canon law
and describes that part of the law that is unenacted, non-statutory,
and common to the whole land. (Chaffey and Re, 1958, p. 2) It became
mandatory to prove that complaints had a strong legal procedural basis
and not that the complaint was justified. To make up for a wrong or
injustice comprising a civil suit, the main common law remedy was an
award of money. Common law seldom, if ever. was able to prevent the
wrong from occurring or re-occurring at a future time. (Carr and

Bernstein. 1965, p. 387)

Doctrine of Stare Decisis.--As common law grew, a need for
certainty arose. This need was fulfilled by the doctrine of Stare
Decisis. As cases grew in number. the decisions of previous cases of
like principles of law became controlling, or precedential.

The doctrine embraces a basic concept of fairness, the feeling
that people similarly situated should be similarly dealt with

and that judgment should be consistent, rather than arbitrary,
so that one may predict the consequences of contemplated

conduct by reference to the treatment afforded similar conduct
in the past. (Cohen, 1976, p. 5)

Equity

This system, where procedural basis under comon law became
the prime concern, became rigid and left no recourse for many people
with complaints. To remedy this, courts of equity were established.
Equity is defined as:

. . . justice administered according to fairness as contrasted
with the strictly formulated rules of common law. It (equity)
is based on a system of rules and principles . . . which were

based on what was fair in a particular situation . . .
(Jacobstein and Hersky. 1977. p. xxviii)

Courts of law and eguity merger.--There were separate courts
for law and equity. "Too often mistakes of form led to loss of a suit
(in common law) by the party entitled to win on the merits." (Fleming,
1965. p. 16) In New York State. the two courts merged around 1850,
and both types of matters could be heard in one court. Other states
followed this lead at later dates, and the federal courts adopted
uniform procedures for law and equity in 1938.

Although procedural distinctions have been abolished, substant-
ive distinctions remain. At the present time, the remedy sought by the
plaintiff marks the line of distinction. The case is at law if the
plaintiff seeks a monetary judgment and a jury may be requested by
either party. The case is in equity if, for example. the plaintiff
seeks an injunction, in which case, no jury is present. (Frankel,
1975. p. 74) For example, a student who has been suspended or expelled
from school because his/her hair or clothing violated the school dress
policy will most probably not seek a cash reimbursement but ask that
the court rule against enforcement of the dress policy, or seek to be

reinstated as a student. Thus the case is in equity.

Historic Background of Law and Personal Appearance

 

Sumptuary Laws

Sumptuary regulations. decrees, statutes. and judicial
decisions governing personal appearance date back to earlier civil-
izations. Examples can be found in the laws of Greece, Babylonia. and
Rome, to mention a few. Documentation is not complete, however. There
are also few records during the Dark Ages in Europe, which, according

to Laver, may in part be due to the ragged condition of apparel of the

time. (Laver. 1953, p. 30)

The Middle Ages not only saw the birth and rise of the middle
class. but also the mushrooming of sumptuary laws. For the first time
in history, a middle class existed and it could afford to purchase and
display goods which. before, only the nobility had possessed. After
1336. sumptuary laws became numerous in England and other European
countries. and applied to the serfs as well as the nobility. English
subjects who disregarded these laws were not only required to fbrfeit
the article of clothing. but were also fined, imprisoned, excommun-
icated from the church or suffered punition at the will of the King.
(Phillips and Staley, 1961, p. 675) The Parliamentary statute of 1483
gave authority to town and city officials ". . . to inquire, hear and
determine all said defaults . . ." (Miller. 1928, p. 92)

Regulations also existed in the early days of this country and
individuals who violated them were often tried in courts of law for
witchcraft or other misdemeanor offenses. (Hurlock, 1921, p. 67 and

Langner. 1959, p. 180)

Statutes. Ordinances and Court Decisions

A few examples of more contemporary statutes, ordinances. and
judicial decisions involving personal appearance are reported in
clothing and textile literature and are briefly mentioned in the

following paragraphs.

 

Street wear.--In 1895, an ordinance passed by the City of
Chicago stipulated that ". . . all cycle riders must wear baggy contin-

uations. No knicker knee breeches or revealed stockings are permissible,

but full and loose nether garments down to the heels." (Horn, 1968,
p. 65)

At the beginning of the twentieth century thousands of arrests
were made at the seashore every season because the bathing costume
worn by women included bloomers. The fact that these costumes more
fully covered the body than those worn by the men of the same period
had no legal significance. (Hurlock. 1929, p. 210)

Around the same time, two women were arrested in Buffalo, New
York, because they raised their long skirts higher than considered ap-
propriate or necessary while crossing the unimproved streets. Between
1900 and 1920, a woman wearing a split skirt was arrested and impris-
oned for thirty days. During the 1920's. several city ordinances
required skirt length be no shorter than four inches below the knee.
(Hurlock. 1929, pp. 208-9) In the 1950's, women wearing shorts in
public were arrested for indecent exposure in New York. (Langner,

1959. p. 177)

Entertainment.--In the field of entertainment, partial or full

 

nudity in public settings has also been under scrutiny of indecent
exposure laws and ordinances in various cities and states. In the late
1950's. for example. Les Ballets Africain performed in major cities
throughout this country. Bare breasted black dancers were permitted to
perform in Boston and Philadelphia. without objection. In New York,
however. dancers were ordered to cover their breasts under penalty of
closing the show. (Langner. 1959. p. 177)

In a number of California establishments. topless waitresses

wearing saran wrap coverings came under investigation during the

mid-1960's. Law makers and enforcers were required to determine
whether saran wrap constituted sufficient body covering to avoid

prosecution under indecent exposure laws. (Horn, 1968, p. 192f)

Summary

Dress regulations are related to the socio—cultural conditions
existing during a particular time frame. Sumptuary laws attempted, in
part, to limit diversity of the middle class. More contemporary
regulations which referred to propriety as part of the moral code,
resulted in sex/role stereotyping. As new forms of behavior, including
choices in personal appearance, emerge, change is likely to occur.
Changes are reflected in the types of cases brought to court. With
respect to changes in the entertainment field, Birenbaum and Sagarin
note changes in judicial decisions.

More recently. with the changing public attitude and new
concept of morality. novel interpretations of law are given
by courts that are sensitive to political and social up-
heavals, a process made possible by the loose manner in
which the laws were originally written. Most of the laws
against public indecent exposure and pornography were not
repealed; what changed were the standards and criteria by
which certain objects, people, or behavior fell within these
forbidden purviews. Progressively liberal or permissive
decisions were for a time handed down by the United States
Supreme Court and other federal and state courts. (Biren-
baum and Sagarin, 1976. p. 157)

Court Hierarchy

 

Federal Court System

 

A dual court system exists in the United States: the federal
courts and the state courts. Although jurisdiction and the name of the

court may vary to some degree from state to state. the following

10
description summarizes the basic court structure.

The federal court jurisdiction is: cases in law and equity
arising under constitutional laws; cases in law and equity arising
under the laws and treaties of the United States; cases of admiralty
and maritime. Also included are controversies to which citizens from
different states are involved; to which the United States is a party;
between two or more states: between a state and a citizen of another
state; between citizens of one state with land interest in another
state; between a state or citizen and foreign states or subjects; and
involving ambassadors, public ministers and consuls.

The district court, which is the lowest court in the federal
system, is the trial court. (Figure 1) One judge presides: plaintiff
and defendant and their counsels appear, evidence is heard, and a jury
and witnesses may be present. Both civil and criminal cases are
brought before this court. When the controversy includes money in a
civil suit, the sum must exceed a certain amount. The majority of
cases terminate after the district judge reaches his decision.

The court of appeals. the second step in the federal court
hierarchy. is primarily an appellate court. That is. they hear appeals
from lower court decisions. and in practice, they are the courts of last
resort for the majority of cases in the federal system. (Pritchett.
1959, p. 107)

Appeals from the district courts or from federal administration
boards and commissions. ". . . are normally made only on the basis of
(1) alleged improper courtroom procedure or (2) incorrect application

of law." (Sanford and Green. 1977, p. 264)

meN .a .aaaa .eaaao can ecoceam an
ucoe=Lu>ow ceupcoe< mo mop rucwcm upmam seem umpquv< "uuxaom

zsocmcmm: pc:ou--.~ acumen

mucaou 222.3 .8 3:2: v.32. on as: 33$ 35333 $520.. %

mucaou um~22umnm .3 c0330 :32 vouESAl I I

32.2 we 2.... All

 

 

 

m—acsnwch
a>eaacamw:_se<

magnum eaa_== k\\\llI///

 

 

 

   

  

   

 

  

ouwmwo ucmuma ucaoo mcmucouwm _ . p:
ambaum amuse: mea==n_ce at:
m>muccumwcw5u< mumps :oes
ucaou nuances zoo as»
C

uoiaoipsiunp leuifiiuo

 

 

 

 

 

 

 

 

 

i

+
mpmwan< “cope; M///aoK/r
Pam mm mpu <
use msoumau pcaou an». F o so

to peace . ill
maaaum eau_== muemmm ea . to L: em a

_ ,
AI 11L a u
y we (Al a:
i :m so

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"OIIDIPSIJNP
aielladdv

 

4<¢mnmm mh<hm

 

 

12

Customarily, three judges sit on a panel and hear oral argu-
ments from attorneys representing the parties. After oral arguments
are heard, the judges retire to discuss the case, or cases, before
rendering a decision. In more important cases. more than three judges
may hear oral arguments. If all of the judges from a court sit, it is
called sitting en banc. (Jacobstein and Hersky. 1977, p. xxviii)

The United States Supreme Court. the final step in both the
federal and state court systems, is the only court specified in the
constitution. It hears appeals from both the federal courts of appeals
and the state supreme courts. Only in matters concerning ambassadors.
public officials and consuls and controversies between two or more
states do cases originate at this level. Presently there are nine
Supreme Court justices who divide their time between hearing oral
arguments. reviewing cases and opinion writing.

Cases reach the Supreme Court in three ways: certification.
appeal and certiorari. Certification occurs when the court is asked to
rule on a question of federal law by the circuit court of appeals. An
appeal is heard when a state or federal law has been declared uncon-
stitutional. Certiorari, "to be made more certain." is the most common
and is allowed at the discretion of the Supreme Court. When certiorari
is denied, it is not the facts and decisions which are being denied.
but, rather, that the Supreme Court does not choose to review the case
at that time. (Frankel, 1975, p. 85) Certiorari may be granted under
the following conditions:

. . when two courts of appeals have rendered conflicting
decisions; where a state court or a federal court of appeals

has decided an important question of federal law on which
the Supreme Court has never passed, or in such a way as to

13

conflict with applicable decisions of the Court: or where
a federal court has so far departed from the accepted canons
of judicial proceeding as to call for exercise of the Supreme
Court's power of supervision. (Pritchett. 1959. p. 111)
Only cases involving significant points of law are considered for
review by the Supreme Court justices.

There are specialized courts which cover certain areas of law
under the federal system. They include the court of claims, customs
court, court of customs and patent appeals, tax court, traffic court,
territorial court, military appeal court, and administrative tribunals.

While the federal court system holds certain jurisdictions
exclusively, there are instances where a federal matter may be tried

in a state court or where a trial which is already in progress in a

state court can be moved to a federal court.

State Court System

 

The state courts. which exist in every state in the union,
constitute a separate court system. the basis for which has been set by
state constitutions or statutes. (Figure 1) State courts hear cases
of law, equity and state constitutional matters. Jurisdiction and the
name of the court may vary to some degree from state to state. For
example, state trial courts may be called “Superior," “District."
"Circuit.“ or in the case of New York, “Supreme." (Fleming. 1965, p.
32)

In Michigan, for example. the circuit court is a trial court of
general jurisdiction, hearing criminal and civil cases. Depending upon
the seriousness of an offense or the amount involved in a civil matter.
the case may begin in a court of limited jurisdiction--the district

court.

14

There are specialized courts which cover certain areas of law.
Within Michigan, for example, there is probate court, recorder's court,
common pleas court, court of claims. and administrative tribunals.
Several municipal courts still exist in Michigan. They consider cases
within certain cities where the amount in controversy is less than
$1,500.

As with the federal district courts, the state trial courts
also have one presiding judge, plaintiffs and defendants and their
attorneys: evidence is heard and witnesses may be present. In recent
years, the right to a jury is often waived.

The state court of appeals, the second step in the state court
hierarchy. has appellate jurisdiction in civil and criminal cases from
circuit courts (appeals from district court are taken to circuit
courts). The court of appeals does not hear evidence but reviews
decisions of the lower courts on the record made in the lower court.

A panel of three judges hear oral arguments from attorneys or consider
written arguments only. Decisions are released some time after the
case has been discussed by the judges.

The state supreme court is ". . . (1) final interpreter of the
state's law and constitution and (2) a final court of appeals for
lower court decisions" (Sanford and Green, 1977, p. 269) in that state.
It also has administrative supervision of all state courts and estab-
lishes procedural and practical guidelines. Similar to the United
States Supreme Court. judges divide their time between hearing oral

arguments, reviewing cases, opinion writing and administrative duties.

15

29.111192;

Judicial opinions, in both federal and state courts of appeals
and supreme courts, may consist of the majority opinion, concurring
Opiriion and/or dissenting opinions. The written opinion which re-
ceives the majority approval becomes the court decision. A concurring
opiriion occurs when a judge, while agreeing with the decision of the
majority, feels differently about the reason or issues of the majority
opirrion. A dissenting opinion is written when a judge disagrees with
either the majority and/or concurring opinion. A single opinion may
be present in a case or it may contain any combination of the above

opinions.

Conclusion

 

This background information raises questions regarding aspects
of personal appearance in courts of law. The following research
questions were formulated.

1. What kinds of legal proceedings are brought to
protect one's rights regarding personal appearance?

2. What legal principles are relevant in resolving
personal appearance issues?

3. Do matters regarding personal appearance appear
in state courts or federal courts?

4. At what level of the court hierarchy are personal
appearance issues resolved?

5. What personal appearance choices do various courts
determine as permissible?

 

CHAPTER II

THEORETICAL CONSTRUCTS

The Social Order

 

Status and Role

 

Linton states that ". . . the functioning of societies depends
upon the presence of patterns for reciprocal behavior between individ-
uals or groups of individuals." (Linton, 1936, p. 113) This
reciprocal behavior consists of polar statuses. A status is a specific
position in society which includes ". . . a collection of rights and
duties." (Linton, 1936, p. 113) Statuses can be divided into ascribed
and achieved. Ascription is usually based on sex and age. Thus, these
statuses can be predicted and prepared for when an individual is born.
Achieved statuses require special qualities and are filled through
competition: thus, they acquire prestige. (Linton, 1936, pp. 113-5)

Regularly occurring action, conduct, or behavior while in a
particular status is referred to as one's role. (Coutu, 1951, p. 180,
Linton, 1936, p. 114) Each individual holds many status positions
within a society and performs a variety of associated roles during the
course of daily living. (Linton, 1936, p. 114, Gerth and Mills, 1964.
p. 12, Ryan, 1966, p. 70) When carrying out an established role, the
individual is rarely confronted with a situation in which set patterns
for that role have not already been created. (Goffman, 1959, p. 27,
Gerth and Hills, 1964, p. 13, Birenbaum and Sagarin, 1975, p. 20)

These patterns of expected behavior or rules help to organize

16

 

17

society. These rules are not concise and clearly defined, but rather
have some amount of leeway within which individuals function. Norm-
ative expectations vary in intensity depending upon a culture's values.
and this variation in turn reflects how these expectations are

enforced.

Informal Social Control

Folkways and mores are informal means of social control.
Folkways. defined as the continued performance of repetitive acts, are
beliefs that are less strongly held and less severely sanctioned than
mores. (Sumner, 1906, p. 22) A custom is differentiated from a folk-
way in that custom implies that some degree of emotional content is
present in the continued performance of an action. Customs that
connote fairly strong feelings of rightness or wrongness are referred
to by Sapir as mores. (Sapir, 1931, p. 658) Many mores of a society
are written into laws to ensure that infringement is punished. Sumner
believed that laws were the result of the mores of a society. (Sumner,
1906, p. 53) He concluded that the state should not be the regulating
power over the mores since that was not in its province. Rather, it
should fall to the statesmen and publicists who would be in a better
position to observe and evaluate the mores. (Sumner, 1906, p. 117)
Mores and values have, traditionally, guided the everyday activities
including business interests and leisure activities. As mores and
values change, activities in the form of diversion to fill leisure

time are also likely to change.

 

18

Formal Social Control

 

Law represents a formal type of social control. In industrial
societies, laws are formally established rules. Law, both in statute
form and case law, is the sanctioning of conduct considered to be right
by the majority of society or the ruling members of that society. The
traditional agents of social control include courts of law, law enfor-
cement agencies, military agencies, penal institutions and other
authority effecting control. (Goffman, 1969, p. 105, Birenbaum and
Sagarin, 1976, pp. 49-50) The goal of these agents is to maintain
order within society. To achieve this goal, special roles for agents
have been established to insure that laws are upheld and to punish
those who do not conform. (Durkheim, 1949, p. 69, Gerth and Hills,
1964, p. 260, Birenbaum and Sagarin, 1976, p. 12, Goffman, 1965, p. 50)

Sanctions

Society encourages the following of folkways, mores, and laws
by sanctioning behavior. Sanctioning of informal norms or folkways
occurs daily as interacting people react to situations with set expect-
ations, thus reinforcing another's actions and providing social support.
(Shibutani, 1975, p. 164, Birenbaum and Sagarin, 1976, p. 6) Thus.
sanctioning is continual and not restricted to specific activities.
Formal sanctions are exhibited through ceremonial dinners, law, penal
institutions and the like. Because of the public nature of formal
sanctions, society is more aware of formal sanctions than informal
ones. (Blake and Davis, 1964, p. 465) However, ". . . legal sanctions

may be differently applied to persons of different social standings."
(Gerth and Mills, 1964, p. 262)

 

Conformity»

Conformity is the adherence to behavioral norms which are held
for a given society. (Roach and Eicher, 1965, p. 189, Birenbaum and
Sagarin, 1976, p. 40) Conforming behavior is a dynamic and necessary
process for the transmission of the culture and for the smooth function-
ing of that society. The majority of human beings do conform to social
rules. (Becker, 1963, p. 1, Roach and Eicher, 1965, p. 189)

Group affiliation affects the behavior of its members through
the internalization of group norms. "Host deviant groups have a self-

justifying rationale (or 'ideology') . . ." (Becker, 1963, p. 38)

Non-conformity_

 

Non-conformity, the opposing polar position, is the deviation
from norms of behavior which have been sanctioned by society or sub-
sets within that society. (Becker, 1963, p. 9, Roach and Eicher, 1965,
p. 188) Because of the structuralized framework of industrialized
societies, individuals and groups within a society can be compartment-
alized, resulting in ambiguous social rules and diversity. (Becker,
1963, p. 8)
Becker points out that norms for various roles may conflict.
He states:
People have a number of roles, obey a number of rules and
belong to a number of groups--A person may break the rules
of one group by the very act of abiding by the rules of
another group. (Becker, 1963, p. 8)

Informal norms may be misunderstood, considered irrational, or the

individual may lack resources for fulfillment. There may be impending

enforcement, or the norms may be contrary to deeply held beliefs or may

20

be issued through perceived illegitimate channels. (Birenbaum and
Sagarin, 1976, pp. 27-9) Blake and Davis list three causes for un-
intentional deviance. First, human beings may have no control over
existing circumstances. The physical environment, and not the desire
for deviance, may produce the circumstances. Second, norms may be
accepted but interpreted differently. Third, conditions of the
interim period between status changes may produce deviant behavior.
(Blake and Davis, 1964, pp. 469-70)

Reaction to deviance is varied; it can range from passive to
violent. Interpretation of norms and their sanctions are dependent
upon the time frame, geographic location, political and religious
views, and persons involved in the capacities of actor and recipient.
As an ongoing process ”. . . people are constantly making new rules to
prevent, control, or eliminate deviant behavior." (Birenbaum and
Sagarin, 1976, p. 14) At the same time, deviance:

. . . (P)roduces occasions for reaffirmation of the norms in
the entire rule-abiding group and for changing the norms when

they no longer usefully serve the function for which they were
created. (Birenbaum and Sagarin, 1976, pp. 7-8)

Personal Appearance in Relation
to the Social Order

Individuals hold multiple status/roles in society. Personal
appearance is an aspect of role behavior. Norms set expectations for
personal appearance in various status/roles. These norms vary somewhat
based on age and sex and may not be clearly and concisely defined.
Personal appearance may affect interaction of persons in reciprocal
statuses. Normative expectations are enforced by formal and informal

sanctions. Severe conflicts may result and the issue may ultimately

21

be taken to courts of law for resolution. Conflicts are apt to be
severe when people define personal appearance symbols differently.
Advancements in technology, including a more rapid means of communica-
tion, have created life style changes. These changes are reflected in
the norms held by individuals and may affect behavior in all aspects
of role performance. Law, as a formal source for societal stability.
provides sanctions for violations which are frequently based on the
mores of a society. Changing personal appearance norms may not
immediately be apparent in judicial opinions, but may take some amount

of time before changes become visible in court decisions.

Conclusion
The foregoing theoretical framework suggests certain questions
concerning case law and personal appearance issues found therein.

1. What social roles are identified in issues which
enter the courts?

2. Will personal appearance issues which are brought to
court indicate that change in dress and adornment is
more readily accepted for women than for men?

3. What formal sanctions, if any, are applied before
personal appearance issues go to court?

4. Will courts consider behavior as well as personal
appearance issues in deciding cases?

5. Do courts consider traditional beliefs, and/or
emerging values in deciding personal appearance
choices or limitations?

6. What personal appearance forms and motives will the
courts identify as constituting symbolic meaning?

CHAPTER III

METHODS AND PROCEDURES

The initial objective of this study was to research the area
to identify and categorize personal appearance issues found in selected
cases of the federal and state courts of the United States from 1879 to
1980, with emphasis on the last twenty years. The second objective was
to determine the circumstances under which individuals perceived that
their freedom in personal appearance selection was infringed. To
identify legal remedies available to individuals who perceived that
society or a segment thereof had not permitted them the right to in-
dividual personal appearance selection was the third objective. A
fourth aim was to describe the judicial system to the layman interested
in personal appearance cases and to place personal appearance issues
within the court hierarchy. The fifth objective identifies parameters
which the courts associate with aspects of personal appearance.

This chapter reviews sources and methods used in data collect-
ion and data recording. Assumptions are noted, and a plan for analysis

is described. Limitations of the study are presented.

Dgta Source and Collection
This thesis examines personal appearance issues located in
case law. The sources of data for this thesis were the reported

decisions of the federal and state courts, annotations and articles

22

23

or papers in Law Reviews. Data collection involved the use of
official and unofficial case law reports. Official reports are
". . issued by the courts themselves as their authoritative texts.“'
(Cohen, 1978, p. 35) Unofficial reports originate from the same
sources as official reports but are privately printed. The official
reports from the Michigan Court of Appeals, for example, are printed
by Lawyers Co-operative Publishing Company. These opinions are also
sent to other publishing firms such as West Publishing Company fer
publication as an unofficial source.

Special training in methods of legal research was essential to
data collection for this thesis. Methods of legal research are numer-
ous, ranging from the use of an automated case retrieval system to
finding a single case, perhaps by luck, and reading cases cited there-
in, then reading all cases cited in the second group, ad infinitum.

An automated case retrieval system was not used in this thesis. It
was the judgment of the legal advisor that this type of system is not
reliable for this topic for the following reasons. This system
searches a data base containing millions of words, for words specified
by the researcher. It locates every case in which these words have
ever appeared, whether or not personal appearance was an issue. In
addition, many words and concepts applicable to this study have tech-
nical legal meanings distinct from conmon meanings. Researching such
terms would produce irrelevant results. The system is prohibitively
expensive for use by one not fully trained in legal research, espec-
ially if researching a broad area of law rather than a specific legal

question.

24

There are a number of systems which collect and publish court
decisions, but West's National Reporter System was primarily utilized.’
This system reports, chronologically, published state appellate and
trial court opinions according to seven regional and two state geo-
graphic areas, and federal decisions by court level. Legal publishers
also provide periodic advance sheets which contain more recent cases
which have not yet been published in bound volumes. Cases in West's
National Reporter System were located by researching relevant subjects
in the American Digest System, considered to be a most comprehensive
research tool, where digests or abstracts of each case are presented.

The American Digest editors locate points of law in court
opinions, incorporate them as headnotes at the beginning of each
Opinion and assign a Topic and "Key Number." The Topic System gener-
ally classifies points of law located in each opinion published in
West's National Reporter System. This subject classification is then
further subdivided and assigned a specific "Key Number" which can be
utilized for a speedy location of similar points of law through use of
the digest. The same procedure is implemented in the advance sheets
to achieve uniformity in classification. (Jacobstein and Mersky, 1977,
pp. 66-7)

The "Key Number System" employs four methods of search: The
Descriptive-Word Index, The Analysis or Topic Approach, Table of Cases,
and Popular Name of Cases. All methods were employed in this study.

To locate like points of law regarding promulgated personal
appearance codes regulating hair length of students, for example, the

following Topic and "Key Numbers" were identified: Constitutional Law:

25

82, 83(1), 90, 90(1), 209, 211, 274, 274(2), 318: Schools and School
Districts: 169, 171, 172, 172%; Civil Rights: 9, 1313(1); and
Courts: 406.3(13). Case citations and abstracts are presented under
each subdivision. The researcher can then determine whether the sub-
ject matter warrants reading the entire opinion published in West's
National Reporter System.

The American Digest System was utilized by researching the
General Digest. The General Digest (5th Series) includes all head-
notes, from 1976 to present, incorporated at the beginning of each
case published in West's National Reporter System by Topic and "Key
Number." The Digest System provides chronological coverage of pub-
lished opinions in ten year segments, except for cases reported from
1658 to 1897 which were compiled together. This enables the researcher
to examine particular points of law and locate case citations for all
cases published in West's National Reporter System during specific
time periods. (Ibid., pp. 68-9)

The following sources were also used to locate case citations:
The American Law Reports Quick Index, legal encyclopedias, legal
digests, and annotations. Significant words, such as schools, teach-
ers, students, contempt, courts, trials, employees, and flag were
researched. The "Index to Legal Periodicals" was consulted and related
topics investigated, including First and Fourteenth Amendment rights,
and Civil Rights. These indices led to what is called "Secondary
Authority," material often persuasive but not precedential. The secon-
dary authority led to reported decisions which were primary authority.

These procedures led to a broad view of personal appearance related

26

cases in order that a system of classification could be devised.

Assumptions

 

All areas of personal appearance that have been involved in

court cases were identified by the data collection methods employed.

Analysis

Data for this study include all citations to appearance issues
located in legal sources. Data are recorded in table format. An
individual table represents an established issue or category. The
concept of status/role (Linton, 1936, p. 113) and situational context
(Goffman, 1959, pp. 22-4) were used as a basis for developing cate-
gories. Since this was an exploratory study with emphasis placed on
surveying the breadth of personal appearance issues, statistical
analyses were not employed. Descriptive statistics including frequency
counts and percentages are presented as a basis for answering research

questions.

Limitatiog§_0f Stugy_

 

The breadth of the Clothing and Textile field required a
limiting of topics. Court cases dealing with safety and health of
textile manufacturing, production, distribution or consumer satis-
faction/protection were not included, although cases pertaining to
these areas were located. Also, style piracy and related issues did
not come under the scope of this thesis.

There were a number of cases in which witnesses and defendants
were compelled to try on articles of clothing and/or alter their

physical appearance in some manner for identification purposes during

27

a criminal proceeding. When personal appearance alteration is
required, witnesses and defendants may plead self-incrimination,
which is a constitutionally protected right. Because personal appear-
ance was not the issue being considered in these cases, cases
concerning self-incrimination in a court proceeding were not included
in this thesis.

Although a transcript of a trial court proceeding is made,
most states do not publish trial court proceedings for the following
reasons: (1) the trial court case load volume is too heavy: (2) the
trial court judges generally do not write opinions: and (3) the trial
court decisions do not have precedential value and can be overturned
by the findings of a higher court. Therefore, this thesis does not
include trial court decisions, except where opinions were located.

Although a number of cases were located in each category of
analysis, the total number of cases existing in the population is not
known. Therefore, conclusions regarding time trends, frequencies by

sex, etc. must be limited to the 165 cases appearing in this study.

CHAPTER IV

DATA PRESENTATION

In this chapter, the decisions located, 165 in number, are
presented in table format. An individual table represents an estab-
lished category or issue. The concept of status/role (Linton, 1936,

p. 113) and situational context (Goffman, 1959, pp. 22-4) were used as
a basis for developing categories by which to classify cases. The
following categories were based on social roles and situational
settings: Students, Teachers, Employees, Entertainment and Recreation,
Courtroom Demeanor, and Prisoners. Another category, Symbols, was
based on the intent of the individual, regardless of the role or
setting. This category appears first because it deals with symbolic
conduct as it is legally defined, the explanation of which is helpful
in understanding other categories and accompanying summaries.

Table headings are name of case, sex, state, year; appearance
issue; court level; relief sought and basis of decision; facts: and
decision. The column headed "Relief Sought/Basis of Decision" states
the legal proceeding which initiated the case and the legal basis for
the decision, or the part relevant to this thesis. The column labelled
"Facts" provides a concise statement of roles, sanctions, and circum-
stances viewed by the parties involved in the case. The column
labelled "Decision" provides the decision and the personal appearance

28

29

choice or limitation as given by the court in the opinion. Also
included is pertinent Obiter Dictum, defined as:
. an official, incidential comment, not necessary to
the fermation of the decision, made by the judge in his
opinion which is not binding as precedent. (Jacobstein and
Mersky, 1977, p. xxxi)

A brief summary accompanies each table.

Symbols

Government Symbols

Symbolic conduct, that which publicly conveys a message, is
protected by the First Amendment. Symbolic conduct is a more graphic
and emotional means of communication than the written or spoken word
and includes that which is intentionally conveyed through personal ap-
pearance. Judicial problems arise in determining whether a symbolic
act is within the parameters of protected rights or whether it is civil
disobedience and interferes with the rights of others. Note, "Symbolic
Conduct," 68 Colum. L. Rev. 1091, (1968).

Three criteria for symbolic conduct have been suggested to
distinguish those acts which are symbolic in nature and those acts which
are premised merely on personal preference. The conduct should depart
from normal, everyday activity patterns and must be intended to pub-
lically communicate a message: it must be anticipated that this commun-
ication will be understood as communicative by others; the symbol, a
non-verbal expression, is itself sufficient as communication and does
not have to be verbalized. (Ibid., p. 1117)

Because our constitution recognizes and protects symbolic

speech, certain offenders are punished while others, falling under the

30

cloak of symbolic communication, are not. Older laws restricting cer-
tain conduct have been re-examined as contemporary forms of conduct
popularize previously restricted conduct. (Ibid., p. 1125) Flag
desecration laws are an example.

Each state has some form of flag desecration law. There is
also a federal law regarding flag use. All are similar to the Uniform
Flag Law of 1917, which states:

No person shall publicly mutilate, deface, defile, defy,

trample upon, or by word or act cast contempt upon any such

flag, standard, color, ensign or shield. Smith v. Goguen

94 S. Ct. 1242, 1244 (1974)
These laws were originally intended to maintain order and prevent
breaches of the peace resulting from disruptive and incorrect use of
the flag. Since 1968, their constitutionality has been questioned in
courts of law all over the country. By 1975, it was reported that
litigation approached epidemic proportions. Royal v. Superior Court
of N. 1., Rockingham City 397 F. Supp. 260, 261 (1975)

Fourteen cases were located in which the American flag was used
in some fashion, particularly by males, to cover the human body (see
Table 1). The issues in every case was whether the flag, a national
symbol of patriotism, was mutilated, defaced or treated contemptuously
when it or its representation was used for or on clothing. Articles of
clothing included a helmet, cape and poncho, seat and knee of trousers,
with the seat of trousers being the most common place on which the flag
appeared. In some instances, the actual flag was used as apparel. In
other cases, a flag patch was used to mend torn clothing. In all

cases, defendants perceived that they had a right to wear the American

flag or its representation and that this right should receive symbolic

31

conduct protection. Yet, in seven cases, it was clearly established
in the opinion that flag patches were applied for other than symbolic
conduct purposes. Reasons for wearing the flag as apparel or in the
form of clothing patches were varied. They ranged from publicly
conveying political discontent with the American system, and the
Vietnam War in particular, to a desire to appear "cool," following the
current fad, an attempt to prolong garment life, or because the flag
color scheme was aesthetically pleasing. The fact that wearing the
flag did not cause a disruption in any of the cases was not influen-
tial in deciding the issue. Courts perceived that at another time,
it could have caused a breach of the peace.

The emotional tenure of the subject matter was apparent in
reading the cases. Courts discussed the symbolic significance of the
flag in society. Earlier courts perceived that flag desecration via
clothing was an insult and a threat to societal values and standards,
and did not constitute symbolic conduct. While no political or
symbolic intent was claimed by offenders as recently as 1970, in 1973
the courts began to verbalize the possible ambiguity of traditional
and contemporary flag etiquette.

Included in this category is an example of sanctioned conduct
that involved the use of another governmental symbol in a disapproved
way. A Congressional Act permitted actors to wear Army uniforms in
theatrical productions, provided the performance did not discredit the
uniform. An actor was arrested and convicted for the unauthorized
wearing of distinctive parts of an Army uniform while performing in a

Vietnam War protest play outside a Houston induction center in 1967.

32

The United States Supreme Court held that the law was unconstitutional,

saying that free speech permitted dissent as well as praise.

Group Membership

While the American flag has been a patriotic and emotional sym-
bol, other symbols were located which prompted different and, at times.
equally emotional responses. Forms of group identification signified
through symbolically distinctive personal appearance were viewed as
exclusive, controversial, or feared symbols by segments of American
society.

Four cases were located in which clothing and/or badges, worn
to demonstrate conformity to group standards, were perceived to infringe
the rights of others. A 1909 case dealt with a secret society badge and
clearly established that, while personal appearance selection was en-
titled some degree of latitude, group affiliation was necessary before
an individual was permitted to represent himself as a member. The
society was not identified in the opinion.

The remaining three cases consider the emotional reaction that
dress, worn by members of the Ku Klux Klan and the National Socialist
Party of America, provoked in non-members. The Ku Klux Klan's hood and
gown and the Nazi uniform and swastika armband were a visible means
through which society could readily identify group goals and ideologies.
These cases address the issue of societal reaction to these forms of
group identification. It appears that in these particular cases, laws
and ordinances had been enacted to restrict zealot group activities

which would be disruptive to the welfare of the general public. These

33

laws were not always held to be constitutional, however. Although
they were directed toward group organizational matters, public
reaction to the mode of dress did enter into court decisions.

A law requiring that certain forms be completed by organizations
was upheld in the 1924 Ku Klux Klan case, even though group activities
did not result in actual violence. An opposite decision was made in a
later case. The 1969 Ku Klux Klan cases involved a Klan meeting which
was filmed and aired on television and did not result in actual violence.
The United States Supreme Court held that the law restricting meetings
was unconstitutional, even in a state which reported a large Klan
membership. The 1978 National Socialist Party of America case, heard
in six state and three federal courts including the United States
Supreme Court, held that the wearing of a Nazi uniform and swastika
armband while parading in a Jewish community was protected by the
First Amendment. The Court decided that the items could be worn even
if the community anticipated violence and that the parade could not

be prohibited.

34

 

 

 

 

 

 

.eoucou=. omammue peuwu.—oa zuoonm we genome; “so" o3o~
oz .ommu cp ezucon a no -ucaEecme< um"
.aaauoea a» a. «an: new nape . 3..” a; - - - - sz
uga.c co omc_emcw ac: v_o omaeuon coaueeuoumn no.» pomm.5m_u usacaam ezo~ ocucca cascoua:
use pogo.u=u.umcou we: so; we uuuop>cou no: acovcoeoo cepuaummocn .ecwewcu ..aa_u_==z e3o~ as.“ .> macaw
.mom~ cw magnum: —au.u._oa gummam 50 Become; m_omna< we .uu .m.: “Nag .u.a
.uopm .e< ease as me—u .e< ca uo—neomoL -ucmEucoe< an" .m_eoqa<
meme a__a:»uo we: we: ucwsm gu.zz ugvgm a use: on u - - u we .uu .u.a sz
owaeuoa co_uecommmu more Co omsauon :o—uecuommu mop» Pommvsmau .mco_mmmm pecmcwo magnum uou.:=
empow>cou no: we: «consume: Lou noumocco we: acoucoeoo co'uaummoeq pecweveu mo .uu .u.o “c.3m an.“ .> caseuo:
.meLowvca o~m~ .xoh
xEc< we on: vapLocuso
-c: vmuu.cumoc no.5: :e— zoomam eo souomca A_Loco_acouv
Love: um»u.>cou we: .nomu -ucmeecme< and osmcaam .m.=
.omwacn no p—o: we acummwu cw La: Eacuav> oz» nevumou - - - - .mpmmaa< sz
«avenue seamen omen -ocq upxm uoocum c, new .ommp5m_c eo .uu .m.= acou_== muuoum www.ca
.—eco_uau*umcouca me: two -eLomLon op—cz .ucovcommn covuzuomoca .eceepcu .uu_cum_o .m.= >EL< .> azuezum
.mapc one eoaaaa co soeaaca Aco.ae>.o aeo~ .c._ou
uuouogn cu au.gogu:e .mapw .e< see» meme umo> -uco2ucoe< um~ cue—.maa<v
we; oueum ..ecowua a wee: use umuuacumcou on - - - - Lopemnam .<.4
-uwumcou no: use seamen omauuon copuuguommu mu_u pemm.5m_u ._ea_u_c:: sz
woe» mean «o: are 3e; mo emuu.>:ou we: unaccomoo :o_u=uumocq pecpe_cu xem guaom umu> me—m __,m:eu .> u-aooa
.m.= 0:» cw meapaoca mum" ovgo
segue use .ao;m_¢ _.>.u
.La: Eecuop> use one»
.aacaeco u;m_c eo_= -oca a» a. «to: a: .moaH
5.; «mango uoc urn oueum c. :ouuaa oueoa a vogueuua
ecu ecu amp» mam—rune ecu ecu :_ mo—o; accuse ouaumum macaw
use ac: wen u; mangoes .uau we; nausea Luggage mo copueuwcacoucu
vomco>og we: cowuuw>ccu :u.n: menu may» a use: a; 1 - 1 - m—aonn<
.u:_umsmm_u mco'uue museuoa cowumeummov me—e pammPEmwu be acaou opno sz
uucoe_mcou assoc apes: mo umuup>cou we: aceucoemo co.u:ummogn peepsveu ._aa_u_=:: cum—oh «gnu mop; Ncowom .> oueum
=o_m_umc mo manna osmm~ Loo» .oueum
=o_mwumo mound - - - - po>m4 “Luau oucucoaaa< xom .oEoz

"aaanaudfiul.d!hu

”"1qu 4‘ N14 0.1" ”quihanfld

Seesaw Caspaz

unudku4ufldflidnifl

fl.Mdlnu~uuh.dui.l.

I: lulu 44.¢ ”J1 1. 1 ”IH‘Jjfingli‘ ‘.n

acoEcLo>oa--m—oaexwu-.~ m—noh

35

 

 

 

 

 

 

 

.esee mwm~ .xow
mews: .eee— aw; zueeeceeee seamen we eeeeegw
.mcwccee ee—w me epewmw> we: sews: mw>ee aw; 11ueeeecee< um”
meeeueEeaeeo me we: mueee we ween ezu ce eepw e etc: 1 1 1 1 m—eeee< “mecca
we anew ee ee—w newceez e; emeeuee eewuecuemee eepw Femmemwe we .uu .xew we enemy sz
.peeewueuwumeeo we: zed we eeuuw>eee we: ueeeeewea eewueuemeee .eewewcu .uuweumwa .xew geese eepw eueum .> «see—ea
.memeegee e>wueceuee Nwmn .gmex
.eapw Low ae_ae=o «so so.» «.0.
.e< use e_eEeLu Le ecee 1mw> me: u. ecu mepw ppeEm e eueeew>e
.opwwue .euewee .eue—wuee saw: eewmew ecu eecw eeeeoe we mueowewwwem
a—uwpeee ue: ewe ueeeeewoo coon ea: ewes easemeee aw: 1 1 1 1 mpeeee< Amaze;
.eewuuw>eeu ugeeeem e» emeeuoe eewuecoomee me—w pawn—smwe we .uu .zmex we eeexv 52V
ee>wo we: eeeeew>o e: we eeuuwseeu we: ueeeeewea :e_u=uomece .eeweweu .Leweoeem .smez cease me—w eeuxe—u .> macaw
.umeuece Eeeuow> Nwmu .epw
we eewm o—ewm.> a me aware: gunmen we eeeeogw
.peeewueuwumeeuee aw; ea eecueuue —eeexm eueee 11ueeeeeoe< um~ upeoee< we .uu «me—o:
wrap exp. epeg e>ez sows: saw: ee—w e use: a: emeeeee 1 1 1 1 uuwsumwo .e—w ee peesxm .zv
meewuwoee aceeu peceeow eewuecuemee ee—w Lew owmu pemm.5mwe .uweucwu .epw meson weeceeeuw—ez
he eeeee ugeee oueum e— ecumecgo we: ueeeeewon eewueuemeue peewewgu ..eewuweez psewz saw: aepw .> —Eewz we xupu
.ea._»ea ». -a~ o.ee
.mucee m.eee eecoewmcee o: .meeon mw; we ceoeem we eeeeocw
we «new we esoe_m ce ee—w :uuesu nee poem ce :uuee eu—w 11ueeee=oe< an"
ace: eee w. ueecowwwe me: :e1eegw eegoeweLeEe no use: 1 1 1 1 upeeee< Amuse; “xv
aceue~ .meewueueemeceec a: awesome eewuecuumee ee—w poem—Em—e we .uu ewgo we enemy p—ogouwz
ee—w e» apnea ewe so; we eouuw>eeu we: ueeeeewea :ewueuemeee peewewcu .peewo—eez ewso sea-e eepw .> eoeum
.ume> use“ .e>
e._w newcaox a. ea.w.ea=n
we: we: a; .eewpeeeee ...—eeu8
eeezum Lepeu mepw en en aw ace: e: .Leeweueeu eueeew>e
vegeewmeeu e: caeegu =e>m smog» e. eeeew veg e: gown: we aueewuwwwem
.eemmemwe ace: «accuse «mes me—w one: o: omeeuee 1 1 1 1 sz
ecu umos eouuecumeeu e: ee—ueguemoe wepw we eouuw>eeu pummemwe «emceem .e> su—eozeeHEeu
page eoguwpneume we: me: am no: aeoeeum eewmee xuwmge>wea eewueuemece peewewcu .meewumez uneasewa umo> ue—w .> ueecw
:ewmwuea we mwmem oemm~ use» .oueum
:ewmweea mouse 1 1 1 1 peso; useeu eueeeeeee< .xom .eEez

 

 

Seesaw wa._o¢

.vo:=—u:0011.~ «peek

3&5

 

 

 

 

 

eeeueum meme> mwafi .ee
.mmeoece one
.Name cw magma aw; we -ecaEeeaa< gee" aeaaaam .ccaa
.cewuecuemee ween ecu ce ue—w e ewe: a; 1 1 1 1 .cewceeem .ccee Amuceq A:
ee—w 33328 eec ewe e332. ceBecuemee ...er pemmwefle .283 cases we enemy co co:
mcwfie—u ce oe—w acwzem we eeuutéeu we: aceeceweo 53339:. 2.5.5.5 we .3 .ccmm :38 me: .> 5.32.928
.ceweceuee euecuee ea .mcmwmee meww ewma .mmez
ecu uceecceee Lew me has ece me—w we zuwcepeeee M—eeeeev
oe_w we on: aceceeeeuceu uceccee ea me eewww use; em .m.:
.ucecewwwe ace: ee_w we 1umeu aceexe mepw .eeeceu eueueum meme> .mpeeee<
em: ece zew> pecewuweecu 1cw eeemmee peuwawpee ez .mmeuece one we acaeu .m.:
ece aceceeseuceu .ee—w .ome cw mceee mwc we eeem 1uce5ecee< gee“ .uuwcumw: .m.:
we ucmEeeece pecwewcu use ce cuuee eepw e ace: 1 1 1 1 .—ewuwe=e Amoco;
eeueuwumceu wee: ea e; emeeuee cewuecuemee oe—w pemmemwe «emceem .mme: we unemv sz
we e>wuwcwwee we: we: zed we eeuuw>ceu we: aceeceweo cewueuemece pecwewcu .cewceeem .mme: cease me—w ceeeeo .> gqum
.eew mwmfi ewco
.ze— we «cecceu on» me: ya .mw>ee eueeeam eueum
cewuucem ceec: oEeu no: we uexuee ewe ce scene we cewueuececeucw eeeceem ewco
ewe ece .ceweecuemee mepw empw e use: on emceeee 1 1 1 1 .mpeeee< Auexuee
meeeuceeaceu emceewmcee cewueceemee eepw we eeuuw> pemmemwe we aceeu ewco ewzv «xv
«e: we: ecwcuepo ce me—w 1ceu we: uceeeum sawmce>wc= cewueuemece pecwewcu .peewuwcez mcecu< cocoa me—w uaecmeg .> eueum
"we" .:.2
Amemeu e3wv
.muceeu ecu cw eeecewee .memeecee e>wueceuee sueeem we eeeeecu va
ece zap eucw eeueceeceecw Lew mcemeecu so; we ueem 1uceEecee< uma eauemmwccez
m. u~ .auowuem Lee e» ecu ce me—w e wee: ecu 1 1 1 1 Amucee .> eueum
uwmee mw —eeezm e we mepw emeeuee cewuecuemee mepw pemmemwe eeeceem .=.z we enemy sz
.pecewueuwumcee we: zed we eeuew>ceu we: aceecewec cewueuemece —ecwewcu .uuwcumwo Leuoxu cone; wepw pezem .> eueum
cewmwueo we mwmem enema Leo» .eueum
cewmwueo mauew 1 1 1 1 pe>e4 uceeu eececeeee< .xem .eeez

“Hindi” qknnuun flu1filuuu1h - .‘Ill,d Illa “In

«1.11“ 1.1» ..u -1: 1.1..J11.u1.11u1u h u hunk- -

acmeem wmwpom

.1. 1.. a a ”(wt-161.“...A‘1.‘ It. In... ”1'3 .l’uuiduqnd

my II! In ”J 1.. j.*‘ru“n‘i,3g1qanlglszih

.eaaaeecae--.e awash

L17

 

 

 

.ceece ewco xcu mom“ ewco
we ewcmcoeeee umemcup euc
.x.x.x .ceeeee eeeeec eec
ece ecu mcem saw: «Leases
eeeeec e>_ezu mcwzecm xF—uc zpeeemmu we eeeeecw
.euce_ew> pueuuu .x.x.g eecwu ecu ewe—ww cue 1muceEecee< cueH .um~
ecu mcwuceeeem ceezeee >w .mmcwueme ecwuuwcumec 1 1 1 1 useceem .m.: sz
saweecwumwe uec ewe ea zu— mcwuu—ew> we eeuuw>ceo pumm_5mwe .eEeceem ewco ecuo ewco
..ucewueuwumceuce mu: zue mu: census cupx xepx ex cewueuemece pucwewcu .—uwce ewgo .x.x.x .> aceeceecucm
.mecwe .mceuwuwu eeuwcecceu .mceeue ewe“ .>.z
mcwcue_u e>wuocwumwe 1—ucewuu~wcumce cwuuceu upww euuum “2v
ecu mowew>wuuu usewc eu newuewoem ecwp_eeeeu use we Lezee mew—em auceeu ewcm
.x.g.x .—=w3u~ cewuceuee zup mcwuu—ew> Lew eeumeccu 1 1 1 1 ecuu we wwwcacm
ecu —ucewueuwumceu mu: :ue mu: Lessee cu—x xe—x ex meeceu muenu: useceem .>.z .x.u.x .> e_eeme
cowew—ec mom“ .ec.
we uceEcmwpeuemm
.aec mu: ece .ceeeee u uec mu: 1muceEecee< coca .umfi
ucwgumeem we eu eceuece ec cu_cz we emeue xeewuem 1 1 1 1 emeum
uec e—eee eco .pewzupce vacuum u mcwcuez Lew eecww —ummw5mwe eeeceem .ec~ xuewuem sz
mu: cewuucemceesw ecu eeuuw>ceu mu: e_u2 cewueeemece _ucwewcu ..ucwawcu .ec~ uecoem euuum .> geese:

 

.ewzmceeeez eeeco11m—eeexw

 

 

.eepueeec ceuu— m—ueee< owed .:.z
mu: rue =.—eeux on e» we uceeu .m.:

up ewe e: .geuue cecuecu eueuuum oemu> .uuwgumwo .m.= sz
we eeue>ee x—puwucue .sueuem we eeeeecw .oeeceem .:.z uceeu
mu: cows: e>ee—m uexuun ce 1muce5ecee< cu¢~ .umH .Lewceeem Ae>eepm Eucmcwxuem
.eewwwumence eupw czee oewmee cu ece: cc 1 1 1 1 .eu Eueecwxeea uoxeue ce ..:.z we
mu: cewuuw>ceu emeuuee cewuucuemee mupw pummemwe .uewcumwa czee oewmeev aceeu cewceeem
gun» eeeu> em mu: :ue we eeuuwsceu mu: ucuecewea cewueeemece .ucwewcu geeseEmucee cuuum mu_w .> .uxem

cewmweeo we mwmum .
cewmwoeo muuuw 1 1 1 1 _e>e4 aceeu eucwnwwme< cwwwm wwmwm

M 3,3“ a..*d‘lihlo,lu14 1» u ““1“"..' NW H11

1u4W1loH u..l difld"d.fl'u”.‘..kl.-JH

Seesaw wowpug

viinuflfl41. n“...bnl'11..‘hqdn.““19‘b.u

u n n W n d .I “1.. II J M J d."1”1‘l‘u ‘1 "Hula “11‘1““ 1.“.3I'Jlg .

 

"Anni-ail.

.uasewueoe--.fl u_nuw

L18

iuqadulaainuuflflnlliuh «1, .11.: «NIWJJN .11

.eeuuweLee eeucuc
.ecucecacc emcee use we
eeuoeuece ecu: mecueeLu

uxwumuzm ecu mELewwcz

11.1.11 «uuluuuud.l.1..,d41.q1.

.eucepew> eeuuewuwecu
meceewmez .muceewmec ecu
ce upeummu cu emceewmceu
ecu: Ame—emew ecu

.ecueELu uxwumuzm .eLewwc:
m.ceeeecu eceum xucue wuu:
cueceu Lwecw .uecu cmwzee
a—ucucweeeece u .ewxexm

cw qucee eeucue u eemewec
mu: zucuc umw—uwuem .uu:

ifllm.wlfi.c.ulfllfl.fi41‘~4lll

ceeeem we eeeeecw
1ece2ecee< emu
cewuucemceeee
umcwumu ceweocencw

«lenun1...uwd.1n.~J-1.

m_ueee<

we eczeu .m.:
.uowcumwo .m.=
.eEeLeem ._—~
.ueu__uaac ....
.uweucwu .p—~
.chucewuceuv
useceem .m.=
.oeeceem .ppw
.euu—peee< .ppw
.uweocwu .p__

1d a

t

44. all. I A JJ.~.-.N‘ 1d]! «1.1314 “J“Jil

 

cewmwumo

flu.fllnlw ”IWIIHIWJM1,u-n"Jl-.UIJ-h.u 4

muuuw

cewmwueo we mwmum

ecmaom wuwpuz

1111dl4uWIun 1II..-1«

pe>e4 aceeu

owmfi .__~

ecue5c< sz
uxwemuzm ewxexm
ecu we emu—pw> .>
cnewwca uuwcee< we aucue
wuuz Haw—uwuem .uuz

eemm~ cue» .ouuem

eucucueee< .xem .eeuz

1. 1“ .Y'lvlu“ wJJJ 1}|“.Ivu“lni .1411,

.uuacwucoe--.H u_auw

 

 

39

Students

This category consists of a compilation of thirty-nine cases
in which students, generally high school level, perceived that their
freedom in personal appearance was infringed upon by school admin-
istrators (see Table 2). Violation of restrictions usually resulted in
suspension/expulsion of the offending student. It was the responsib-
ility of the court to determine the circumstances under which personal
appearance restrictions were to be legally permitted.

Ten cases involved issues restricting personal appearance in
some form for male and/or female students. The restricted items
included a cap and gown, public school uniforms, face powder, blue
jeans, slacks, pantsuits and culottes. These were the only cases
dealing with clothing or cosmetics located by the research in this
category. In earlier cases involving khaki uniforms, 1921, and face
powder, 1923, the courts perceived that school boards had the authority
to govern student conduct, including their personal appearance. But,
when a school board refused to issue a diploma in 1919 because the
graduating senior refused to wear an odiferous cap and gown, the court
held this to be an arbitrary infringement of student's rights. In
later cases, 1969 through 1973, the courts generally held that the
restriction on articles of clothing was an unreasonable and arbitrary
infringement on students' rights. This group of cases is not directly
correlated with disruptive behavior resulting from personal appearance
selection.

Another group of cases provided concrete examples of student

symbolic conduct which was restricted by promulgated dress codes.

40

When school children wore black arm bands to protest the Vietnam War
in 1965, the United States Supreme Court decided that the school board
was not permitted to forbid silent protest under the First Amendment.
When students of two schools within the same school district wore
freedom buttons in 1964 and 1965, the courts held that the students of
one school where no disturbance occurred were permitted to wear buttons,
but the students were not permitted to wear them where disturbances had
occurred. When Mexican American students wore black berets as a symbol
of their cultural heritage in 1969, the court held that schools could
regulate dress where disturbances and fear resulted. In these cases,
it was not the article of clothing or attachment thereto but the
behavior which resulted in either restricting or permitting certain
personal appearance choices. However, when American Indian students
wore braids to symbolize their religious and cultural heritage, federal
courts, in 1973 and 1974, held either in favor of the promulgated dress
codes restricting long hair or held that the issue was not a matter for
the federal courts to decide even though no disruptive behavior
occurred.

Twenty-eight cases considered hair and hair-related issues
such as sideburns, beards, and mustaches. Only two cases involved
hair restriction for female students, and one was an American Indian
discussed above. The other case involved a female student who was
sanctioned in 1968 because the typing teacher perceived that the stud-
ent's bangs impeded her ability to see the typewriter and would result
in poor progress in class. The court held in favor of the student's

right to determine her own hair length, especially when it did not

41

cause a disruption.

The remaining cases considered promulgated dress and grooming
codes applicable to male students. While school administrators appear
to have been able to cope with long hair on female students, the same
capability was not true for long hair on male students. Comment,
"Public Schools . . .", 55 Iowa L. Rev. 707, 711 (1970) Between 1965
and 1978, more than ninety-nine male student hair cases had been
heard in courts throughout the United States (Tribe, 1978, p. 959f)

The preponderance of cases of this nature reveals the impact of longer

hair lengths and diverse styles on society at a time when shorter hair

was not only accepted by the majority but considered to connote polit-

ical, social and moral establishment values. These values were formed

by adult members of society and passed to younger members, some of whom
chose to reject them.

When male adolescents began to exhibit their preference for
unorthodox hair lengths and styles, school systems promulgated dress
and grooming codes to sanction deviance. School administrators per-
ceived that long hair was associated with deviant behavior, distracted
other students and teachers, resulted in poor grades which negatively
impacted the learning process, was a safety hazard in vocational
courses, and was a visible but non-verbal sign of political and social
unrest. In many cases, dress and grooming codes were explicitly drawn.
Although the earliest written dress and grooming code in this study
appeared in 1923, most school boards did not perceive the need for them
until the mid to late 1960's. As evidenced from the number of hair
cases which entered the courts during the 1960's and 1970's, the change

42

process was not smooth in many school districts throughout the country.

Speaking of stability and change, the seventh Circuit U.S.
Court of Appeals said:

It does not take the wisdom of Solomon to recognize that dress
codes which have been judicially condemned were doomed to fall
in due course in any event. Judicial participation in the
process of changing mores can affect the rate of change, but
we certainly do not decide whether or not the change will
occur. Arnold v. Carpenter 459 F.2d 939, 945 (1972)

There are two reasons why students selected longer hair lengths
and diverse styles. In several cases, it symbolically conveyed an
attitude of societal discontent and norm rejection. However, symbolic
conduct, viewed by the courts, becomes less convincing ". . . as the
non-verbal message becomes less distinct, the justification for the
substantial protections of the First Amendment becomes more remote."
Richards v. Thurstron 424 F.2d 1281, 1283 (1970) Generally, however,
it appeared to have been a matter of personal preference expressing
one's personality, aesthetic desires, and/or conformity to current
youth trends. One court succinctly states: ". . . they 'wanted' to
have longer hair, they 'liked' it and they thought it was their
'right'." Freeman v. Flake 320 F. Supp. 531, 537 (1970) These
students were exceptions, at least within their respective schools.
While some students who chose to be different were not sanctioned by
fellow students or teachers, others bore jeering, insults, reprimands
from teachers, physical isolation and like-group segregation.

Courts were divided on student hair issues as evidenced in the
decisions. Decisions were divided depending upon the judicial circuit

in which the case was heard. Certain districts consistently ruled one

way while other districts consistently ruled another way. Arnold v.

 

 

43

Carpenter 459 F. 2d 939, 941 (1972)

From 1965 to 1969, courts perceived that unusual hair lengths
and styles may be a negative influence in the school and held in favor
of the school boards. After 1969, and as longer hair became more
common in America, decisions were dependent upon whether school distur-
bances had, in fact, occurred, and, at times, whether school boards
anticipated or perceived that disturbances were likely to occur. Some
judicial circuits required school boards to establish the reasonable-
ness of the regulations, prove that dress and grooming codes were
necessary for the maintenance of the educational process, or establish
that they were not a result of personal biases.

Court dictum was frequently very expressive, with feelings
ranging from complete authority of the school board to control student
conduct and personal appearance, to student right to control his/her
personal appearance. The following dicta exemplifies the wide range
of judicial opinions regarding the permissibility of students to
fashion their own personal appearance. Regarding the use of cosmetics,
the Arkansas Supreme Court said in 1923:

Courts have other and more important functions to perform
than that of hearing the complaints of disaffected pupils
of the public schools against rules and regulations
promulgated by the school boards for the government of
(13233h0015. Pugsley v. Sellmeyer 250 S.W. 538, 541

As seen in the tables, this same feeling was expressed in several of

the hair cases fifty-three years later.

 

44

In 1968, the dissenting opinion of Mr. Justice Douglas reads:

I suppose that a nation bent on turning out robots
insist that every male have a crew cut and every female
wear pigtails. But the idea of "life, liberty, and

the pursuit of happiness," expressed in the Declaration
of Independence. later found specific definition in the
Constitution itself, including of course freedom of
expression and a wide zone of privacy. I had supposed
those guarantees permitted idiosyncrasies to flourish,
especially when they concern the image of one's
personality and his philosophy toward government and
his fellow men. Ferrell v. Dallas Indep. School Dist.,
392 F. 2d 697, 699 (1968)

Four years later, Circuit Judge Wisdom states in his dissenting
opinion:

Hair . . . for centuries has been one aspect of the
manner in which we hold ourselves out to the rest

of the world. Like other elements of costume, hair
is a symbol: of elegance, of efficiency, of affinity
and association, of non-conformity and rejection of
traditional values. A person shorn of the freedom

to vary the length and style of his hair is forced
against his will to hold himself out symbolically as
a person holding ideas contrary, perhaps, to ideas

he holds most dear. Forced dress, including forced
hair style, humiliates the unwilling complier, forces
him to submerge his individuality in the "undistract-
ing" mass, and in general, smacks of the exaltation
of organization over member, unit over component,

and state over individual. Karr v. Schmidt 460 F. 2d
609, 621 (1972)

45

 

 

 

 

 

..eecum ueecmwe .—eecum we eewmuee ewwp mwc meow .muse
hue nephew cwuc puemece cuwz eecewceucw eeeu .eeee zup euuum
ecu mecuepu umueeeew uucu mmuce ceuuwczce eeuupew> 1 1 1 sz
eeleucee «.58 .eeeu 582 :2 PE 3333 Zane we eeuawficeu
mmece eecewce ecu eemmw com“ cw eeeceemem mu: .cuwuw cewme—uxe pce>uce useceem .mmu: .eecum
ea wuwcecueu euc peecem 1mee .ucewmmewece u .uceeeem ea cewuucencw .cewceeem .mmu: qu: .> ecuceee
.zuwcecueu L.ew awe" .xc<
ueeemec ccue— eu coupe ecu .ceeewecew ecu:
mu: peecum .mucwu_eeeu newueEmeu ecu .mmcwxueum
uceeeum mcwcuec cucu uuee ececuemcucu .mecuepu emu zuw euuum
1cee ea mmecwmee ucuucee 1eeEE~ .eeeu mmece ceuuwcz 1 1 1
1e— ecee euc uceeu .eeeu eeuupew> cows: geezee .weee va
mmece eucewce ecu exue see—u» ace: ecu emeuuee wwmfi we uceeeuuumcwec eeeceem .xc< geese; Leave—pom
e» auwcecueu euc peecum cw ee—peexe mu: ucoeeum —eeeeu ea mucuecu: .eweucwu .xc< euuw .> mopmmee
.eEec awe“ .mmwz
uu uec nee meweuc e—we
e>ww u cwcuwz ecu em_5ece
—eecum ce cLe3 wee: .peecem mu p_e: mu use: sup euuum
mscewwce ww e—nucemuec uu scewwce wxucx mcwcuez 1 1 1
1c: uec use: .mcceuceu eecweeec eeeu mmece ceuuwc: eeeu mmuce
xgucw—ewumwe he eeueEece —eecum cow; ease—euwcmu we aceeeucewce «seceem .mmw: scewwce sz
.mcewuupemec mmeco uucu eeee—pu uceeeum umcwueu cewuucencw .xceucucu .mmw: wxucx sue .> emcee
.eeeo n~mn uzew
mmece ceeuwczc: .memuemwe
eSuowcaEeu we Lew
1mcuc» ecu ace>ece uec e_:e:
.e—eucemuecce mucuuuewcwmwe uucu ewum
ecu acucuwncu mu: ceuuee < .mucuuuewcwmwe
983:. 2: 28.25:. .8 8:2.» 5:... 2835.8 :2 33m :3
.eeeepeEee AFwLeauuwmwuum cue: ea eemewoc ecm omeuuee 1 1 1 uuwcumwa peecom
coon euc Euceece mum“ cw usepewe eomewec ueepewe we mcwemmw «seceem uzew uceeceeeecw
cue» Leew u emeueem mu: cuwceuuwee—u> mmu—u .meEeu ea meEuecu: .eewcumwo uzeu czeuxeuu .> ecwecepu>
cewmwueo we mwmum eemmw cue» .euuum
cewmwueo Sou“. 1 1 1 7:8 958 eucucueeé x8 .95:

"Nil

 

 

éfl 151L§Juiiufidlh41111014 "111111.34 .1 .1411. J I. 4. All! 0| .1 u

m wmwpoa

.11101u411 1.41.11 ".014

"1141.411 in}: 4.0, M 411110.! N I. 1

n «lifklnlflla 0 dill.

”“117 «34‘

 

‘5 "l“ia.1lq 1

.muceeeum11.~ upeuw

his

 

 

 

 

. mecuecuum 5 225.8 32 ...... .5
.cwuc ocep ecu cewsucee cuw: eceuou cw mu: eeeu cewmmecexe we seeeecw
eeuupecceu cuwc: eecewwe mmeco .eucuuceumwe u emeuu 1muce5ecee< cue" .um~
mu: Aceewumeu uceexe uec ewe cwuc aw: .eeee 1 1 1 1
co uuue ez .mcewuu_=eec mmece ceuuwc: eeuu—ew> cewau—eeec
cwuc ecu cew auwmmeuec cwuc mwc emeuuee mum" we uceEeucewce sz
ecu e>ece uec ewe peecum cw eep—eexe mu: uceeeum umcwumu cewuucencw gowcumwc .m.= cwu: _=ux .> ceecm
.eecwu ecu mom“ .xew
.meewuwceuu ce epeuce ceuuwc: mu: mcem umeuece cewmmecexe we eeeeecw
1muecce .wcucuwecu uec mu: u ecu eeppuu mu: uweee ecw 1mucesecee< cue“ .um~ sz
eeeu mmeco .ecwcewuucew .eeeu mmece eeuupew> cwuc 1 1 1 1 uuwcumwo peecem
.eecem eeewu cows: eeee cwecu emeuoee coma cw aces eeeu m—ueee< uceeceeeecw
mmece eucewce ecu eemmw 1——ecce eewcee ece: .mcuwuw mmece we aceeeucewce we uceeu .m.= mu—pua
ea zuwcecueu euc peecum 1mee .ucewmmewece .muceeeem umcwumu cewueceecw .uewcumwo .m.= cwu: .> F—eccew
.c—uc mwc use cewmmeccxe we eeeeecw wee" .ue
.eeeu mmece eeuu—ew> ec cec: eeuqueuec mu: e: 1muceeecee< cue“ .uma
cewc: cwuc ecwecumec .eeeo mmece ceuuwc: eeuu 1 1 1 1 sz
mucmwc —ucewueuwumceu 1—ew> cwuc mwc emeuuee eem~ cewuucencw cew ecu aceEcww
ec euc aceeeum cw eeeceemem mu: uceeeum memuEue cew cewuu< uUwcumwo .m.= cwu: .> mw>ua
.mEe—eece cewmmecexe we eeeeecw eea~ .mmwz
.ecwcewuucew ec—pewumwe ecu eucueceu 1muce2ecee< cue" .um~ Aw a xv
peecum eeuce>ece 1mwe u eemeuu euc mceuuem 1 1 1 1 cewuuueem we
euc eucueceumwe ecu .mceuuee eeeeecw ece: cewuu—emec m—ueee< ecuem auceeu

 

 

emeueee mceuuee uuwcumec hes» emeuuee mama cw eeecee we aceeeucewce we uceeu .m.= mceuuem uceeeummw
ea xuwcecueu euc peecum 1mem ece: maceeeum ecu—o umcwueu cewueceecw .uuwcumwo .m.= eeeeecw .> ..e:xuu—m
.eecunceumwe .eucu eemg .mmw:
ec mu: ececu eocwm 1eceumwe u emeuu uec ewe cewmmecexe we eeeeecw
e_eucemuecce ecu xcucuwecu mceuuem .umue ecu cw mceu 1muce5ecee< cue“ .um~
mu: cewuu—emem .eecu new: 1»:p we meewu cecue eeeuwe 1 1 1 1
puee ea ecu: uec ewe hes» 1cee euc peecum .mceuuee cewuu—emec mpueee< Aw a av
emeueee apecee mceuuue cuem ece: hecu emeuoee «emu we aceEeucewce we uceeu .m.= mceuuem mcuxm
ececew uec e—eee m_eecom cw eeeceemem ece: muceeeum umcwumu cewuuceecw .uuwcumwa .m.= eeeeecw .> eewmccea
cewmwuee we mwmum .
cewmweeo muuuw 1 1 1 1 pe>ee aceeu eucmnwwwe< cmwwm wwuwm

1 "ruin... n.huun.u1”‘d"d|I-JJ.IJJ 11..” a 4 u

“...“.WIH

uemzom wewceg

41.0 I ma— 111 A ”‘nfl,fld “*luil #1” a van nli Il.fl.fl MJJHJJ“M14J .- flJ-J4W-‘M‘Ifli‘flu‘lngg‘lw‘il‘fl.

.uuaccuc0811.~ apuuc

 

hf?

 

.ecccawuacu
ce auewum ce uuewwe
ec euc ecu e—uueucewcece

.eeeu mmece cow: xpeeeu

ea epeu appuwucucww uec
mu: uceeeum .mcucee ceu
1cw: ece>em ecu ecwcee cce:
ee apce e—eeu zen» .eeeu
mmece ceuuwc: as eeuuwcumec
ece: meg» cec: eewu u

uu mueu.m ece: ecu emeuu

cewmmecexe we eeeeecw
1muceeecee< cue~ .»m~

cewuu—emec
we uceeeucewce

mama .>.z

Ace
u__.>mcu_=
.ccw .uawu .cum
.c.= ..uu co

 

 

 

 

mu: eeeu mmeco 1eu eep—eexe mu: aceeeum umcwueu cewaucencw eeeceem .».z «xeu_m ecuem .> uueom
.mcewuu—emec mead u:e~
ceuuwc: ez .cu: Eucuew> coeeem uwpeeEAm
.pucewueuwumceoce ecu umeuece xppeweuuee e» 1muceEecee< cue~ .um~ wwcucewuceuv
mu: cewuu—eeec peecum mecue scu xuu—e ece: sec» 1 1 1 1 eeeceem .m.= Aw a 2V
.mecue scu coupe uw> m3ew> emeuuee meow cw eeecee cewuupeeec .m—ueee< uuwcumwo .eecom
cwecu mmecexe Appeweeuee 1mem ece: muceeeum Feecum we aceeeucewce we aceeu .m.: mecum Ec< mecwez men
ea acewc ecu euc meceeeum sew: ecu new: cewcee umcwumu cewuucencw .uewcumwo .m.: sou—m .> cexcww
.ecwcewuecew .eecem cew mom“ .ec_
me—ec eucewce ecu eemmw .—eecum
eu zuwcecueu euc mpeecem cw meucueceumwe eemeuu
..eecom uu eucucueeeu euc cwuz .—eeexm .uuw cewmmecexe we eeeeecw
_ucemcee mwc emeecu 1uw—ee u uec mu: cwuc mw: 1muce5ecee< cue” .umu
e» acmwc eeuueuece a——u .eeeu mmece ceuuwc: eeuu. 1 1 1 1 sz
1ceweeuwumcee u e>uc uec 1ew> cwuc mwc emeuuee meow pweee we cewme—uxe mace—u
ewe uceeeum peecum sew; < cw eeeceemem mu: aceeeum uce>ece e» cewuucencu uewcumwn .m.= cwu: .> m:ecu
.umue ecu cw peecem cw omen .epeu
neucueceumwe eemeuu euc cewmmecexe we seeeecw
.e—eucemuecc: uec ece: cwu: .peesxm puuwuwpee 1muce5ecee< cue" .umu sz
«ewe: .mepxem eEecuxe u uec mu: cwuc aw: .eeeo 1 1 1 1 .epeu .ce>cea
«wew— eu muceeeum mmece ceuuwc: eeuupew> cewuu—eeec .H ez .um—a .cum
ecu .mucecue .mceceuea cwuc mwc emeueee memfi we uceeeucewce .cewuueeeu we
we eeewuee ece: wepem cw eeeceemem mu: aceeeum umcwumu cewuocencw newcumwa .m.= cwu: ecuem .> xuwcm
cewmweeo we mwmum .
cewmwuec muuuw 1 1 1 1 pe>e4 uceeu eucwumwme< cmwwm wwwwm

a1hg1fl1"fiuifliifli~u ”in“ 0- unl-

ihuleiduhwjdnflr.“ “In. nu N1IIHUH1151‘I‘J‘J

Seesaw cow—ac

Old ‘4.”1‘ ”VJ fl‘ .0 u‘j‘d .- I‘v" "f1“ O 11‘ d.‘tflnl.|h I “H‘1'3qa‘1.fli‘§q

Iii

 

.euaccueoe-1.~ appuc

L18

 

 

 

 

 

auu>wce we acewx one" .cceu
1muce5ecee< cue~ .cuo
.eeeu mmece ceuuwc: 1 1 1 1
.epeueecewcece ecewececu eeeupew> ecuee\mcceeeewm .weee ecuem sz
ecu .euece a—ce>e \cwuc mwc emeuuee one“ we uceeeuuumcwec .mcceeeewm wmuuw
ecu eeeu> mu: eeee mmeco cw eeeceemem mu: aceeeum mcwxeem cewue< uuwcumwa .m.= .cwu: .> cemmecu
.eecceeee cewueecmwe ez owed u:eH
.xuwcecueu cew uueemec
ecu ewcmceuwe—u ceumew e» eucucueeeu
.eecucueeeu eeeu mmece eeemmw .eecom we eewece eecw
pucemcee c:e cwecu emeecu .cwuc ecu m:eceeze ceezu 1uceeecee< cue"
eu acmwc euc mpueew>wec~ 1ee cewaucueem cucw ece u 1 1 1 1 va
.mcewueecmwe ec eecweeec cuwc: eeeu mmece cewuu—eeec newcumwo
ece: ececw .eeee mmece ceuuwc: mcwuupew> cew mead we wow—ucewueuwumceu peecum wuwceeeeu
awwumen uec ewe peecum cw eeeceemem mu: uceeeum ecwmce—pucu cewuu< uuwcumwo .m.= cwuz xuw_eu .> newm
.eeuuce—eu en ece” .u>
eec cuu exum c:e new cew .eeee mmece ec euc
Aqucewceu .epeucemuec —eecum ece .eeee mmece auceewp pucemcec
1:: ece: mcewuu—eeec cwu: Eueu uwue—cuu eeuupew> 1uce5ecee< cue“

.mchupe mwcceu ceecwc cwuc cwecu emeueee Eueu 1 1 1 1 sz
eec ewe ecu eucueceumwe u mwccee ecu eecw eemmwe eeee ecwucewce cewwm—ec
ensue uec ewe cwuc cemcee 1mwe ece: muceeeum eeccw uucwueu cewuecencw uuwcumwo .m.: cwu: .> auccec

.ecwcuepu mead .ww—uu
an eeuuucamwe uec ece: ecu
cupwewm eexeep mpcwm ——u
eucu em ceuwuececu ece:
ece: ecu emmu we mmupe ecu mmeuece
.ee>_emec uec an eeumeeeec ece: macewwca ece .uceeeeecc
eemmw scewwce .peecum we .Ecewwce eeewcumece cue: 1uceEecee< cuefi
eceeeuece e>wuucumwcw5eu uec ewe ecu emeuuee —eecem 1 1 1 1 mpueee<
:e_—ew uec ewe cmwc uw—eee u eecw weed ceece eewmu mcwuuem we acceu .m.= Aug
eceeeum .eemmemwe emuu cw eeeceemem mu: eceeeum peceee e» «ecuecuz .cewceeem .wwpuu Ecewwcs ceecu .> cuceez
cewmweeo we mwmum eemmw cue» .euuum
cewmweeo mueuw 1 1 1 1 _e>e4 uceeu eucucueee< .xem .esuz

JHIOIJ "Had“fiflaJ “lurk h 111,1." a «

Seesaw cuc_e¢

n.101h11u1P411“ u,» ”0 W11: “41”." and II OJ duuid'14fila NIT‘VY‘: N‘d‘d1-1fl“.“.“1u 3.4“.I1u70 '1‘UI‘I4

‘IM 4 ”:11.“

d. .- wlul1il. o dd 111‘ uth..- #31411. 4161.111441‘8 all-I111. .IFII .d

.uu=c.ucae1-.~ ecuuc

hf?

 

.eswu uceeu e: cexuu

eeuc uec e—eecm ecu ee_eece
peecum u mu: ceuuue ecu
uucu u—ew uceeu .epeuce
1euecce ce xcucuwecu .xce
1uucwewcumwe uec mu: eeeu

.ue» acw>ucm cwoee eu eeec
uec ewe muceeeum ecu uucu
ee>ewpee mucecue ecu mucee
1eum .eeeu mmece eeuupew>

cewuueuece .ueee

ucewuucwewcumwe —uwuu¢

- ucucucucu cuuu

cwafi .uo

cc.
uwmceeu

 

 

 

 

ewum .eeeu mmece epeu cows: e>ucm eu ocwmew 1 1 1 1 m—ueee< .xuceeu ce—eec:
1cemuec eecewce ecu eemmw 1ec cew meou cw eeeceemem eeee we uceeeucewce we uceeu .m.: we .em we ecuem
eu auwcecueu euc —eecem ece: muceeeum coupe eeccw umcwumu cewuucencw .uuwcumwo .m.= e>ucm .> cemce>eum
.e_eucemuecc: .euceepwcw e>wueecmwe ewe" .u_<
ecu acucuwecu mu: u en eu eesweucee mu: cewuuewwwmmupu e_uuce
cwuc uee :e: ecu eeec—cu cwuc ece; .xuuu ecu cw use 1muecc: ecu acucuwec<
eccccaaec cocucoa uuuu .uau .uacuo_u. u uuuuccumuc u: 1 ucecucacu sue:
.meeee mmece e—euce .eeee mmece ceuuwc: eeuu—ew> 1 1 1 1 m—ueee<
1euec eucewce ecu eemmw cwuc mwc emeuuee mead uceeeum we cewmmwe we uceeu .m.= sz
eu zuwcecueu euc peecem cw eeeceemem mu: uceeeum 1euec mcwxeem cewue< .uuwcumwo .m.= cwu: eeuuw .> cwwwwcu
..eecum owe" .ccew
cw eeceepwcw e>wueecmwe u cewmmecexe we eeeeecw
.ecw—ewumwe ceeu euc cwuc cwecw .eeeu 1muceEecee< cuuu .um_
ecu ceece ecwcwuucwue mmece ceuuwc:c= eeuupew> 1 1 1 1
we uueemu ece mu eeeu cwuc cwecu emeueee mom“ cewuu—emec m—ueee< sz
mmece eecewce ecu eemmw cw eeeceemem ece: .mcuwuw we uceeeecewce we uceeo .m.= cewccen
eu xuwcecueu euc peecom 1mes .ucewmmewece .muceeeum umcwueu cewuuceecw .uuwcumwo .m.= cwu: .> cemxeue
.umecc: Fuueweem .cuum euec u cewmmecexe we see ewe" cuu:
ce .uuwuwpee mmecexe ce>eu eu e—zum cwuc ecu 1eecw 1 muceeecee<
eu ucueE mw .wpemuw emecu cecuec< .cwuc mwc ua cue“ .cum .umu
cw .cwuc ecep uucu eeeemmu ec ceuwu eeuqueuec mu: ece 1 1 1 1 Amemuu My
ee ueccuu uw .uem .eeeu .eeeu mmece eeuu—ew> cwuc cewuu—eoec sz
mmece eucewce ecu eemmw cwecu emeuuee owmu cw eee we uceEeucewce ecupw
eu zuwcecueu eu; .eecem 1ceem=m ece: muceeeum eeccw umcwueu cewuucencu uUwcumwo .m.= cwu: .> cueeecw
cewmwueo we mwmum .
cewmwuea muuuw 1 1 1 1 —e>eu uceeu eucMHMWMe< cwwwm wwuww

I“ 15:35..“‘diqaflul‘i ,OIJ a‘.,1‘ no. 111,“ Jul 111.3“ .I.‘ ".“H” b h in u 1 I 1" n.

 

I II‘IIII‘1JIHN1NDI“. WI “4

uuusom wuc_u¢

”nahl I ”...".uI‘.‘ 1" “‘4d0d141- I

 

3’3!“

 

“all“. gad

.eeacwu:0011.~ e—nuh

EN)

 

 

 

 

 

 

 

.eemmemwe emuu .muceeu cewumeee puceeew uwmu .cuw:
euuum cuewcuwz cwcuw: ce .uwucuumcem ez Amemue mv
»_e>cuucumcc_cuu uacuauc ea - - - -
e—eecm eucucueeeu pucemcee =.memue cwuz= cewcwee sz
ecwcce>em meemmw peecum eeF—uu uec eeuuum uez cw eeuuum uez uowcumwo .m.: cwu: upeez .> uecec—<
.peecum ecu muceeeum .eeucemece cewuueuece pueee "we“ .ww_uo
we uneceucw umec cw eeueu cwuc eu eee mcewueecmwe e: ecu mmeoece eeo Amemuu NV
m—eecum .mmece mcwcce .eeeu mmece ceuuwc: eeuupew> 1uceEecee< cueu 2V
1>ee mcewuupemec eucewce e>uc »ue cwuc mwc emeuuec 1 1 1 1 mpueee< uuwcumwo e e—_eu
ecu eemm— eu zuwcecueu meo— cw uceeppecce eemewec eeeo we uceeeucewce we uceeu .m.= cewcee cuuc
mpeecem e>um :u— uwcceww_uu mu: uceeeum peecem cow: umcwueu cewuucencu .uowcumwo .m.= cwu: 1epeeum .> mcwx
.ececemeEuu owe" .mmu:
pucewuuueee ecu we ucue mucecwp .ucemcec
u ec uec e—eecm mecuecuum .euceepwcw e>wue=cmwe u 1uceEecee< cue"
uem eu »qucewcee uucu uez .eeeu mmece ceuuwczc: 1 1 1 1 m_ueee< sz
ewum uceeu ece .eeeo mmece eeuu—ew> cwuc mwc emeuuec _weee we uceeu .m.= ceumcecw
»wwumen uec ewe weecum eeeceemem mu: uceeeum euuumcwec eu cewuo< .uuwcumwo .m.= cwu: .> mecucuwa
.epcueecewcec: econ .=.z
mu: eeeu mmece ecu we ucue »ucecw_ Fucemcec
uucu ecu mcwccue— ceuee .eoceewwcw e>wueecmwe u uez 1uceaec . cueu
eu ce>ece uec ece: mcuen .eeeu mmece ceuuwc: eeuu 1 1 1 1
eepc .eeeu mmece e—cu 1pew> mcuen eepc cue—u mwc cewuu—emec any
1cemuec eucewce ecu eemmw emeuuec ewou cw ecec ucem we uceEeucewce mweucuc
eu xuwcecueu euc .eecum mu: uceeeum eeucm cuxwm umcwueu cewuuceecw uuwcumwo .m.= mcuee ee_c .> ceumwccuc
.cuew ecu ueeecee e>wueecmwe ohm” .epeu
.zcummeuec cec: mcewmceamem cw eeupemec euc ..ecexm cewmmecexe we eeeeecw
eemmw eu .uewocwce puuwuw_ee u mu cce: .muu: 1muceEecee< cue” .umu sz
ecu eu »uwcecueu e>um .muecec cuu_c mcwcue: eeum 1 1 1 1 .e—eu .ce>cea
:u. eeuce—eu .cewuueuece eu eemewec zecu emeuuec mucewc Fucewueuwumceu .eco cecesz
uceEecee< um" e>weuec mom” cw eeeceemem ece: we cewuu—ew> we muecem uuwcumwe peecum
uec ewe ueeeceu e>wueecmwo muceeeum cuewcee<1cuuwxez cewuucu—oee cew cewue< uuwcumwo .m.= gnu—m .> ueecuccez
cewmweee we mwmum eemmu cue» .euuum
cewmwueo muouw 1 1 1 1 ~e>eu uceeu eocucueee< .xem .eEuz

1diugtl~uhluua "I“. u .1 u n 1H1Hu

1flou11Jrhlhu1iiuad1u.11,.1‘..1.vh11h

ucuaom waccec

1u1u1111-n1u41r1uaiunu

l. 1n n u I1|1d1u "Indirndhlfll- fl a?!“ th1l fl 1| «Idafllu d.‘”c:l.:1l‘1‘g1

.uuaccucoe-1.u acuuc

51

 

.—ucewueuwumceuce
mu: cewucee cwu:
.eeeu mmece cew »uwmmeuec

.euceepwcw
e>wueecmwe u uez .eeee
mmece ceuuwc: eeuupew> cwuc
mwc emeuuec uwmu ecu owou

zucecw— pucemcec
1ucesecee< cue”

uceeeum we cew

«pueee<
we uceeu .m.:

mmmu .ua
a;

.m.= .cm1.cfi

ce>uem cceumez

we ecueu

 

 

 

 

 

xwwumen uec ewe .eecum cw eeeceemem mu: uceeeum 1mmeeuec cew cewuo< .uewcumwo .m.= cwu: .eecum .> ppeum
.euce:_wcw Nwmu .u.z
.ew—u>cw mu: eeee mmeca e>wueecmwe u eeceewmceo
.eeuw—wue ceec esuc e_:eu mu: cwuz .ecuuuc
mecemuee »uewum .eocuce_eu »uewum u cwuc ece. eece »ucecw» .ucemcec
cuw: eeuuuceucceu ceec 1ewmceo ceueecumcw ecwe—ez 1uce5eces< cucu
e>uc e—eeu meecucceumwe .eeee mmece eeuupew> mccec 1 1 1 1 m—ueee<
.eeeu mmece cew auwmmeuec 1eewm ecu cwuc mwc emeuuec uceeeum we cew we uceeu .m.= acceceewm sz
»wwum=e uec ewe peecem eeeceemem mu: uceeeum 1mmeeuec cew cewuu< .uuwcumwa .m.= .cwu= »cce: .> ewmmuz
»ucecw» _ucemcea wwmu .xe»
.ucu>e—eccw .eeeo 1uceEecee< cue"
ecu »cucuwccu ece: mepeg mmece ceuuwc: eeuupew> 1 1 1 1 Msv
.cwuc .muceeeum ewe—wee cwuc mwc emeuuec oweu eeeu m—ueee< e ep_eu
euupeeec eu »uwcecu=u cw cewmmweeu eewcee mu: mmece we uceeeucew we uceeu .m.= cewcee ce_»H
e>uc uec ewe ewe—pee uceeeum eee__ee cewcee 1ce cweece eu cewuu< .uuwcumwa .m.= cwu: .> e-uemcuu
.eecuccaumwe u eemeuu uec »ucecw» _ucemcec «can .xew
.pucewuuccw euc cwuc aw: .eeeu mmece 1uce5ecee< cue" Aucuc cew
en eu ce>ecc uec mu: ceuuwc: eeuu—ew> cwuc mwc 1 1 1 1 m—ueee< sz
uu .eeeo mmece emeeew emeuuec owe“ cw uceeppec eeeu we uceeeucew we uceeu .m.= uewecem
eu »uwcecu=u euc peecum 1ce eemewec mu: uceeeum 1ce cwence eu cewuu< .uuwcumwo .m.= cwuc .> ccux
.eucucceumwe u xucecw_ pucemcee unmu .e:
.epcueucewcece ecu eemeue uec euc cwuc aw: 1muceEecee< cue" .cum
ewpu>cw ece: mcewuu—eeea .eeee mmece ceuuwc: eeuu 1 1 1 1 mpueee<
.eeeu mmece cew xuwmmeeec 1—ew> cwuc emeuoee owe” uceeeum we cew we uceeu .m.: sz
»wwumen uec ewe peecum cw eeeceemem mu: uceeeum 1mmw2euec cew cewuu< .uuwcumwo .m.= cwuz :u—eu .> ecmwm
cewmwueo we mwmuc .
cewmweeo muuuw 1 1 1 1 —e>eu uceeu eucwuwwme< cwwwm wwuwm

uceaom caucuz

114.11.1dlllflglnfinIQH1UUlou,fl4u314dllad4.pdno; oflmfln‘JJ-IjJunc-J. n.1-«MUJ9JJ“NAJ‘.J1|~.kfl.-I "14.!an 1010...“..64.

$.W1dl1ll d. w 1 4.1.01.0“ 1‘ 4.1.4“ 4.11. ‘1. n n I 1“ g1'i“.ru”11fl‘q‘1i

.uuau.ucoe--.~ ecuuc

 

£32

 

 

 

 

 

 

.emuuccec ccecu cocuaeac .uceuec ucmu .ucce
cw eucca eeuccouc»m aucucu cucucuumuaa o: cc u cu
.muceeu .uceeew .eeeu mmece ceuuwc: eeuu—ews 1 1 1 1 ..co .u .ez
ecu cew eemmw cu uec mu: mewucc cwecu emeueec Nwmu cw cewuupemec m_ueee< Amewucm .umwo .cum .ec_
mwcu uec aceuucwewcuuwe eeeceemeu ece: muceeeum cew: we uceEeucew we uceeu .m.= cuwec~w we .eu we ecueu
uec ece: mcewuupeeec cewcee cuwecu eec:uc eecc» 1ce umcwumu cewuucencw .uewcumwo .m.: cwuz .> ceewz :ez
mum“ ecueu
xucecw» pucemcec va
.Peecum 1uce5ecee< cue” »uceeu Eucmwcm
we Auwcecueu ece»ec ecu .eeee mmece eeuu—ew> 1 1 1 1 .oe .ez .umwo
.meewuwceuu .»cucuwccu eceupm cwecu ensueec uwmu eeeu we uceeeecew eeeceem ecuew meuuepeu _eecum ucwee
ece: mcewuuwemea cw eeec ucem ece: muceeeum 1ce cwence eu cewuu< .uewcumwo ecueH .uwemucuc .> cemccee
mucecw— .ucemcee mwmu .u» .2
1uce5ecee< cueu
.uceEecee< cueu ecu .eeecwuceemwe ec cewuu—emec 1 1 1 1 m_ueee<
ceece mucewc .ucemcee cwuc we uceeeucewce eeeu we uceseucew we uceeu .m.= sz
eeuu—ew> cewuupeeec cwu: ecu uucu mcmu uceeeum 1ce cweece eu cewuu< .uuwcumwo .m.= cwu: cu>wppem .> cow:
.cquec xue mucue\mucwcm .m—cwm ce mucue mum“ .cc<
ucewu ecwce>eu cewucec mcwceee ucecw ecu .mucwcm
.eucucueeeu umeeeficw wewe ecu 3.2. .2385.
ceuee eu .eeuqucee uec .muweme23n .mucue ucewu
»cucuwccu mu: eecc e>ecu ecwcue: cew eecewuucum xucecww —ucemcee
mecucw xwm ucwcm .ew—u>cw ceec euc muceezum cecuo 1uceEecee< cued
ece: mcewuucum uwem .eeee mmece ceuuwc: eeuu_ 1 1 1 1
1eeen ecu cecuwcx .e—cu 1ew> cwuc mwc emeueec use“ eeee we uceeeucewce sz
1eucewcece mu: cewucee cwu: cw eeeceemem mu: uceeeum cwence eu cewue< uUwcumwo .m.= cwu: ecew .> euup—u:
.mceuucu mwmu .ec~
1mwcw5eu ecu .mcecuueu
.muceeeum ac ceuuwc: mu: »ucecw— .ucemcec
..ucewueuwumceuc: uw .eeeu mmece ceuuwc: 1uce5ecee< cue"
mu: cewucee cwu: eeuupew> cwuc mwc emeuoec 1 1 1 1 m—ueee< sz
.eeeu mmece cew auwmmeuec owe" cw cewuuewuwucue eeeu we uceeeucewce we uceeu .m.= ceuceccuu
awwumee uec ewe peecum emu—o eewcee mu: uceeeum cweece eu cewue< .uuwcumwo .m.= cwu: .> e—ecc<
cewmwueo we mwmum eemmm cue» .euuum
cewmwoee mueuc 1 1 1 1 we>eu uceeu eecucueee< .xem .eEuz

.13““nunn4fiuh Iiiulu 0‘04 1 1

un114~4,h

uceaom cewcec

JNH.JN.J.‘IJ H'H.uM-.th.lhliflh1"in-JIMIJI.“

“44

.J‘a“ "“4“ all-“III. “i3"...sdlaj

.ueaecucoe11.~ ecuuc

co_e__ec we ceueecc ece” .ucco
.eemmw mwcu ce uceeu .eauuwcec _ucee ecu uuceu_=u 1muceEecee< cue“ .umu

 

 

 

uuwcumwe cw mcwcuec1em .meewmw—ec we Feceam 1 1 1 1
.»cummeuec ceec e>uc »ue u mu: cwuc aw: .eeeu mmece eeeu
“MN mcwcuec .eecum < .muceeu eeuu_ew> mewucc mwc emeuuec we uceeeucewce c—eece mpueee< Amewucm
uuceeew ecu cew eemmw Nwmu cw eep—eexe mu: uceeeum eu ecu uceeeum we cew we uceeu .m.= cuwecwv sz
cu uec mu: eemmw cwu: eeucm cuwww cuwecu ecueuc< 1mmeeuec cew cewue< .uuwcumwo .m.= cwu: ecceeu .> cuuu:
.mmeoece ecwccue— Aucecw— pucemcee uwmu ._—_
uoueew »—e>wuumec 1uceEecee< cueu
eu ce>ece uec mu: cwuz .eeeu mmece ceuuwc: eeuu—ew> 1 1 1 1 mpueee< “xv
.eeeu mmece cew xuwmmeuec cwuc mwc emeuuec mwmu uceeeum we cew we uceeu .m.= meeez
ecu »wwumee uec ewe peecom cw eeeceemem mu: uceeeum 1mmeeuec cew cewuu< .uuwcumwa .m.= cwu: .> epeeumpez
.mwew—ec puceu—eu ecu cewmwwec we eeeeecw mwmu .e—eu
.xceuucwewcumwe mu: muceeeum meewewpec cwecu we ucue u 1muceeecee< cuuu .umu
ewum cew cewueeuxe mu: cwuc mceu .eeee mmece 1 1 1 1 sz
cu eew>ece eu ueeeuuu ceuuwc: eeuupew> cwuc cwecu cewuu m—ueee< pue:e:
m.—eecum .Aceuucwewcemwe emeuuec Nwmu cw eeeceemem 1cwewcumwe meewmw—ec we uceeu .e_eu Acuwec_. .> e1~u .ez
uec ece: ecewuu—emea ece: muceeeum cuwecu eec:uc ecwecuce ucwupueeu .uuwcumwo .epeu cwu: uewcumwo peecum
cewmwueo we mwmum .
cewmwuea muuuw 1 1 1 1 ue>eu uceeu eemmu cue» euuum

a a
ucmeem wew—ex eucucueee< xem ecu:

nfiiigklifind1hfi 111'“ flunuuu ., u uh “I .11 “J p a Q‘JMI- u‘dd1ukhn Juulid‘a "a" n Phalvh‘fiflhdlhdflqhufi”: r“IH.M~1.U“Eh I‘ghdg‘fln.l1d3

 

a; "n1“. "‘1‘.

.ueaccueou1-.~ e_uuc

54

Teachers
Twenty cases in which individuals teaching in the public school
system perceived that they were denied the right to determine their own
personal appearance are discussed in this section. (See Table 3.)
Regulations were imposed by principals, school boards, education
commissions or state legislative bodies. It was the responsibility of
the court to determine whether the regulations were within permissible

limits allowed for proper management of public schools.

Religious Teachers

 

Eight cases consider the impact and permissibility of wearing
designated religious habits by Roman Catholic sisters and brothers
while teaching in a public school environment. Even though the cases
are not numerous in relation to the sixty-two year time span, the issue
remains constant: At what point will a distinctive religious personal
appearance be permitted in the public school system before it is con-
sidered intolerable and an infringement upon the student's right to
religious freedom protected by the First Amendment? Where it was
established that actual religious instruction existed, it was held that
sisters and brothers were not permitted to wear their habit in the
classroom. In the majority opinions written by Justice McGhee in 1951,
references to personal appearance supported the court decision which
forbade the wearing of religious garb while teaching in public schools.

There can be little doubt that the effect of the costume worn
by these Sisters of St. Joseph at all times in the presence of
their pupils would be to inspire respect, if not sympathy, for

the religious denomination to which they so manifestly belong.
Zellers v. Huff 236 P. 2d 949, 963 (1951)

did

55
Conversely. where it was established that religious instruction

not occur, religious were permitted to wear their habit. A dis-

tinctively religious personal appearance did not in itself preclude

qualified teachers from employment, but rather, the associated conduct

determined whether such appearance would be permitted in a public

school setting. The dicta exemplified in these opinions are also

belief/value oriented. For example, the majority opinion written by

Judge Dean in 1894 states:

It may be conceded that the dress and crucifix impart at once
the knowledge to the pupil of the religious belief and society
membership of the wearer . . . The religious belief of many
teachers, all over the commonwealth, is indicated by their
apparel. Quakers or Friends, Omnish, Dunkards, and other sects.
wear garments which at once disclose their membership in a
religious sect. Ministers or preachers of many Protestant
denominations wear a distinctively clerical garb. No one has
yet thought of excluding them as teachers from the school room
on the ground that the peculiarity of their dress would teach
to pupils the distinctive doctrines of the sect to which they
belonged. Hysong v. School Dist. 30 A. 482, 484 (1894)

A similar tone is again repeated in a 1956 case in which the majority

opinion reads:

. . . (T)he religious views of these Sisters and their mode of
dress are entirely personal to them. If they were prevented
from teaching in the public schools because of their religious
beliefs, then they would be denied equal protection of the law
in violation of the Fourteenth Amendment of the Federal
Constitution. Rawlings v. Butler 290 S.W. 2d 801, 810 (1956)

dissenting opinion in the case takes another view:

. . . (T)he distinctive garb . . . create a religious atmos-
phere in the school room, that they have a subtle influence
upon the tender minds being taught and trained by the nuns,
that in and of themselves they proclaim the Catholic Church
as the representative character of the teachers in the school
room, that they silently promulgate sectarianism, and that
indeed, these good women are the Catholic Church in action in
a most fertile field--the impressionable minds of the child-
ren. Rawlings v. Butler 290 S.W. 2d 801, 820 (1956)

56

Two cases did not address the religious instruction issue but forbade

the wearing of religious garb in the public school classroom.

Lay,Teachers.

 

Twelve cases examined restrictions. written and unwritten.
placed upon lay teachers in the public school system. The majority of
cases involved high school teachers and the issues were found to be
less emotional than those in student or religious categories. While a
substantial number of the teachers were terminated for violating dress
codes, in no case was it established that behavior or reactions to
sanctioned personal appearance caused a classroom disruption. As
evidenced in a number of other categories, the majority of complaints
involved males, with the most common issue being facial hair prefer-
ences.

Nine of the twelve cases involved infringements of promulgated
school dress codes. School boards enacted these restrictions for a
number of reasons: irregular or faddish appearance may be a source of
potential classroom disruption; a formal personal appearance helped to
establish authority in the classroom situation, thus commanding student
respect; in permitting teachers to freely choose their personal appear-
ance, restrictions placed upon student personal appearance would be
more difficult to enforce; or perceived deviance in personal appearance
negatively impacted the professional image of those in the teaching
profession.

Sanctioned teachers reacted by claiming ignorance of standards
or that they were bound by existing student dress codes, by perceiving

that dress codes were irrational, arbitrary and invaded personal

57

rights, or by perceiving that dress standards were racially discrim-

inatory.

Teachers in two cases, one involving the general appearance
including facial hair of a male teacher and the other involving a short
skirt worn by a female teacher, were formally dismissed for alleged
teaching inability and contractural infractions. In both cases,
teachers perceived that their employment was terminated because they
refused to comply with school personal appearance standards. In the
case of the male teacher, the court said:

If a school board should correctly conclude that a teacher's
style of dress or plummage has an adverse impact on the
educational process, and if that conclusion conflicts with

the teacher's interest in selecting his own life style, we
have no doubt that the interest of the teacher is subordinate
to the public interest. We must assume, however, that some-
times such a school board determination will be incorrect.
Even on that assumption, we are persuaded that the importance
of allowing school boards sufficient lattitude to discharge
their responsibilities effectively--and inevitably, therefore,
to make mistakes from time to time--outweights the individuals
interest at stake. Miller v. School Dist. No. 167, 495 F.2d
658, 667 (1974)

The trial court dictum regarding the skirt of the female

teacher states:
The court, having taken a view, found that plaintiff's
dresses, which came "Half-way down (her) thigh," were "com-
parable in style to dresses worn by young respectable
professional women during the years when the plaintiff was
teaching." Tardiff v. Quinn 545 F. 2d 761 (1976)
In both cases, courts upheld the dismissal of the teachers because they
had not fulfilled their contracts.

One case considered the symbolic speech, conduct and expression

of a teacher, a practicing Quaker, who in 1970 wore a black arm band

in the classroom to silently protest and mourn the dead in Vietnam.

58

Although the symbol caused neither a disruption nor classroom
discussion, the New York Commissioner of Education dismissed the
teacher for bringing his political views into the classroom. The
court ruled that a teacher did have symbolic expression rights in the
classroom. This decision placed the responsibility on school boards
to establish the reasonableness of their regulations and sanctions in
the future. Case Comments . . . , 7 Suffolk U. L. Rev. 197, 210
(1972)

.euwm eecze ew_ecuuu

ce ewec mu: peecum uw—cee
cec: ce>e .peecem uw—cee
cw ceeewccew mu: mcwcuueu
cuwcuuuem .mueceu cucecu
.cuuu we muceeeum eu ceecwe

.c:eu cw ueecum xuce ecu
.ueecum uwpcee eeec e:u u c.
muuencem cecue ecu cewewpec
uceeuu =.uw—ueec ecu ccum

cewueuwumcee euuum

mumu ozo—

 

 

 

 

1ec a—wue mu: eucucueeeu uwumwceueucucu= ecu ece: 1 1 1 1 va
.mceumwm .peecem ewwecuuo u ec: .mceumwm uwuecuuu cueec mecew ecweceem eeeceem uzeu ccuw ce>ece:uc
.ueuw cw .mu: peecum uwucec e:u .uuau pwuce momu secw umcwumu cewuucencu .uewcumwe uzeu meewuw—em .> ceupzecx
.eeeeecw .eeecmmu—u cueu .ue
meewmw_ec uucu. uec ecu cw gmeepcee ce mucus
ewe :uu .m_eecum eecce>ee .uwcmwmcw .mmece. meewewpec cewewuec we eeeeecw
cowc: mepec e—cucemuec ece: ec: ececuueu we mcwcwc 1cewu=uwumceu euuum
eucewce ecu eemmw eu ecu ecweewccew :u» mmmu 1 1 1 1 Aug
zuwcecueu euc eceuu—mwmeu ecwuu—ews cew eeuuwecw ecu m—uwewwwe .eecem ececeem .ue ccuo cce:
.pucewueuwumceu mu: :3 eecww ece: mceueecwe peecem we uceEuuweE .cewceeem .ue meewaw—ec .> cuuue:ce_§8
.ucue aaacewcec ccecu cc eeec .c.z
Eceu ecu eeue—eeeu .ce>e:ec
.mcecuuew .m—eecum ew—cee cw
.eeecmmupu ecu ccum meewewpec e>wuucwumwe
cw ccum e>wuecwumwe we cue: eu mcecuueu mcweewccew cewmwpec m—ueee<
nv. cewuwc—cecc ecu mcweeuucw mcewuuecumcw eeemmw uceeceu we uceEcmwpcuumm we uceeu .».z
uez me—ec e—cucemuec eucewce 1cwceeem ecu emeuuec »cu.um 1cewueuwumceu euuum .A.>wa euuwpeee<v va
ecu eemm— eu »uwcecu=u cwecu eewcee ece: mceumwm 1 1 1 1 eeeceem .».z ccuo cewcece:
euc uceeceucwceeem uw—ecuuu cueec e:u .momu cu menu: cew ewuuu .»uc=eu .».z meewaw—em .> cecceu.o
.eecueeeu ce>ec euc .muceewmec umwu .uc
eceuuc mwcu we ceuuue u we »uwcenue mu F—e: mu
.uceeu ecu we »ceumwc cue» uw—ecuuu ece: mcecsee ecuec
»uxwm ecu cu .m—eecem peecem p_< .mepewucwce
uw—cee cw ecwceueu secw .muceewmec uwuecuuU1cec eeuu
mceumwm »ww—u=amwe uec ewe 1pc.» .mceec peecum ucwcee
uw .mueceu meewewpec cwecu cewm—pec ceueu uec ewe ecu cewmw—ec we eeeeecw we.
we uceEeuceeccu cu mu: .ueecem owucee u cw ecwcuueu 1uceEecee< umu c eecec
ccum meewmwpec ceeecu ce>u epwc: acumec ecu .xwww 1 1 1 1 eeeceem .ue cwnuw—uuc
.mcecuueu eewwwuuee ecwc eu 1eecu .uwcuc cwecu ece: ec: mcwcuueu cuwcuueem 83:. 55.8 ccuo we .umE
»uwcecueu euc ecuec peecum mceumwm uw—ecuuu cueem xwm umcwueu cewuuceecw we uceeu .ue meewawwem peecum .e econ»:
cewmwueo we mwmum eemm~ cue» .euuum
cewmweee muuuc 1 1 1 1 —e>eu uceeu eucucueee< .xem .eEuz

“11“.“.qu ““14 “u “11. "U n "3K! 11“ u .l

all!Wfllhldlno.lfl.1l.‘1.hu‘uouuudeufM‘u

ucmaom wew—ez

"h..«W.H.I 11a.“ n.“ "1“,...“ I1..1—!uull..i.l~I 1

 

‘11 '.D h .u I n ,I I ‘10. .1 a "d I h u‘qicl'Jfi‘ ‘QTI‘i‘wiqilv‘jdinqgi

.meewewuex11mceceuew11.m e—cuw

6N3

 

 

 

 

 

.cuezceuee cew 83 :2
ece: mu: cuepe pee: coupe
.cecw» euwc: we ecuceuec ecu
.uceauu 0:: cuaecswec. .eacuae ..was .uueu cecuuec
ecu mu: uw .muceeeum eu eecuuuue »cumec .cu—e cewmwwec we eeeeecw
ceueu uec ewe eceumeu ece 1euom ecu uwceu pee: euwc: we 1uceEecee< umu
.mcecuueu we mmece euu—emec eeumwmceu uwcuc cwecw .cewew— 1 1 1 1
uec ewe :u— euuum ..eecem 1ec cuueu uec ewe uec mpeecum mceumwm m—ueee< va
meewmwpec u eueuwumceu uec uw—cee cw ucmeuu mceumwm eu newcu—um mcw»ue we uceeu .»g ccuo ce—uem
ewe ece—u ccue meewaw—ec uw—ecuuu cuEem ece1auce>em umcwueu cewuuceecu .uweucwu .»¥ meewmw—ez .> uucu—:ux
....»uwceuuc. .».ecec_ xuu 5:: .3333 $3 .xe: .z
meewewpec mcw»»eeem cucecu ce memmu—u epec ecu
ecu cewuuecumcw meewew—ec .ocwmec eeew>ece .mceecuxeu cewmw—ec
ece: mu mceec peecum ecwcee meewmwuec eewueeam .cewmw we uceEcmwpcuumu
ceeewccew ece: uwcewmcw ecu 1pec uceeuu .ccum meewmwpec 1uce2ecee< umu
ccuc meewew—ez .emeuewe ece: ec: mceumwm ecu mcecuecc 1 1 1 1
1cuc< uw—ecuuu ecu »c cec uw—ecuuu cueec cuw: mueecum mcwcuueu eecw mceece
.uuuw cw .ece: m—eecum ocwwwuum eecw eeuwcwcece meewaw—ec we mceceee eeeceem .xe: .z ccuo Aw a 2V
uw—cee ew uucum xcuz ece: m—eecum uwpcec ew uucum cuc eu cewueceec_ .uuwcumwe .xez .z meewmwuem wwez .> mcepueN
.mceec peecum oemu .ec—
mcwcee cewmwuec ceueu
uec ewe xech .mcecuueu mu cewewpec
ececuecc ecu mceumwm eecwc we uceEcmw_cuumm
.Feecum meewew_ec u ecu .mmcwepwec ewum ce>e 1cewu=uwumceu euuum
eueuwumceu zuwuuwuueeueu ceeu eeum»m peecum uwwcee 1 1 1 1
uec ewe ccuo meewewpem .eeme—u peecum uw—ecuuu ecu mcecuueu
.mcecuueu eewww—uee ecwc eu cec: ammu1mmmu secw muceeeum eu ewue mecew eeeceem .ec~ ccuu Aw a 2v
Auwcecueu euc ecuec weecem eececec ucmwe euueeeseueu e» ce>euec eu cewuu< .uweucwu .ec~ meewmw_em e»em .> euuum
.uccecac. aaocec_ec uueu .uuu .z
cecue cue: uec ewe ap—uce cewmw_ec we eeeeecw
1ceo xecu .muwcuc cwecu ece: 1cewueuwumceu euuum
.mceceueu eewww—uee ecwc hecu cmeecup< .cewmw_ec 1 1 1 1
eu »uwcecu=u euc ecuec cuueu uec ewe uec .eecum ccue
peecum .mmece .mcecoueu ew—cee ecu cw ucmeuu mceumwm meewow—ec acwcue: eEeceem .xua .z ccuo va
euu_eeec uec ewe :u» euuum ew—ecuuu cueem ceew .mmou c. umcwueu cewuucencc .uewcumwo .cuo .z meewmw—ec ewe: .> uecucceu
cewmwueo we mwmum eemmu cue» .euuum
cewmwuec muuuc 1 1 1 1 _e>eu uceeu eucucueee< .xem .eEuz

ucmaom wew—em

Annulauu‘Jfi1lJ

nulnlUun-AIIIJWO“

1 ‘41- u 9‘ ‘iu‘ii‘lfildi 11...:ul41‘5.

.ueaccucou--.u e_uuc

61

 

 

 

 

 

 

.cewuwmec memu .mmu:
mcwceueu cecuecu eceeem »ucecw—
.cwuw uec mu: mmeuece eu e—cuce mu: e: .eecmw_ we cewuu>wceea
acwcue cewmwuee ecu 1cuume mu: cewueecmwe ez 1uceEecee< cueu
pummemwe cw uwemec e—ee: .mceceueu eu »—eeu eu czecc 1 1 1 1
ecuec uucu :ecc uec ewe uec mu: cuwc: eeeo mmece uwmu we ue< mucewm
ceceuew .xuwcecueu cwecu uceeeum eeuuuewc ecuec mwc uw>wu ceec: memuEue A2.
eemmuecem euc ecuec Feecum emeuuec eemmemwe mu: ceceuew ecu wewuec e>wuuceec~ uuwcumwe .m.= ecuem cummeo .» uwueu
.eecmwucuume mu: »ucecw— memu .u_w
cewueecmwe ez .ecuecuum we cewuu>wceeo :v
.mucewc m.cecoueu mnece m.—uewucwce eeuupew> 1uceEecee< cue— uewcepw . uceeu
eeuupew> ecu »cucuwccu ..eeEAm —uc=u—eu u mu cce: 1 1 1 1 uu>eo we cewu
mu: .Aceuucwewcemwe mu: .cwuc uuwuuw mwc emeueec cecuueu we mcwcwcec 1uecumc~ uw—cee we
cuwc: .umeeeec m.»uewucwcc eeeceemem mu: cecuueu cue—m peeeeu eu cewue< uuwcuuwo .m.= eeuuee ecuem .> ceuxucm
cuucee: memu .uu
.zucecw— .eecmw—cuume we cewuu>wceeo
uucemcee uuwcumec uec ewe mu: eucucceumwe ez 1uceEecee< cucu
cewuupeeec ewe .mueecum .eeeu mmece ceuuwc: eeuupew> 1 1 1 1 sz
uwpcee cce>em cuwc: cuwc: .ewu u cue: eu eemewec cewuu—emec m—ueee< ecuem peecum
mepec eucewce ecu eemmw eu ec emeuuec weeu cw eee we uceEeecewce we uceeu .uc cmwcuc cewquce>
auwcecueu euc ecuec .eecem 1ceemem mu: cecuueu eececew umcwueu cecueceecc .uuwcumwo .uu eww .> uecucu—m
.eecmwpcuume mu: eucucceu wemu .wwpuu
1mwe ez .cew>ucec uceeeum
cuw: eeuu—ecceu mmece
uceeeum uucu ecu mmece ucee
1=um eeuuueew mmece cecuueu
uucu eecweucee peecum Aucecwu
.ecuec u cue: eu ucmwc Suzi-coo ecu cw ceccceu we cewuulceeo
u euc cecuuew .eeuueuece ecee ecwec mu .eeuuwecee 1uceEecee< cucu sz
»—_ucewueuwumceu mu: ece: mecuuumez .eeeu mmece 1 1 1 1 cewuuueeu
.mecu ecu xuwecewceucec ceuuwc: eeuu_e—> ecuec mwc ucee m—ueee< we ecuec
ce »uwcwpeuuue we .eceam emeuuec e1memu cw eeccew 1cmwmmuec m.cecuueu we uceeu .ww—uu »uwu uceeumuc
u ceec e>uc »ue ecuea 1mcucu mu: cecuueu eecece» peeeeo eu meEuecu: .cewceeem .wwpuu ecuem .> uecww
.»uu11mcecuue»
cewmwuee we mwmum .
...... - - - - ...... acme... we. ece

alga-Ina“ fl.th. ch 111"“ . u h 1»

linwuudndulldl‘anudd...‘

fund

ucuaom cew—ea

I“ an“ N131. J‘flaflfl‘uuuuflln ”1‘44

 

u I 111.1le“ .Il.“ .- H I I .14“ I“i‘.dulfl.flvlvj ”‘1‘dalfldgn‘ulflu fin

.eeeccucoe--.u e_uuc

dc
Lu

 

 

 

 

 

 

cewuueuece Pueeu mwmu .ccew
.muwew— muem »ue_uem ecu mmeuecc eeo
.pucemcee mu: eucucueecu .eecmw—cuume mu: 1uceEecee< cuuu
pucemcee epwcz .mpeecum cewueecmwe e: .eeeu mmece 1 1 1 1 sz
uw_c:e cce>em cuwc: ceuuwc: eeuu_ew> ecuec .em we .em .eu we ecuem
meuec eucewce ecu eemmw eu mwc emeuuec owmu cw eem we ceece eecucemwe eeeceem .ccew »uc=eu ceuwweuz
zuwcecueu euc ecuec peecum 1mw5mwe mu: cecuueu eecece» eecw uceeu eu pueee< .Aceucucu.cce» ecuem .> cemwcce:
.eecceuue wwmu .mmw:
.eucuscewcee cewueecmwe e: .mecuecuum
con cuw: ecewceucw uec xuwceeeeu cuw: eucuecee cewuueuece —u=eu
ewe uw cec: mee»e_ese we 1uu cw mu: cwuz .eeee mmece ecu mmeuece eeo
meececewece mcweeecm euu—e uceeeum ceuuwc: eeuu-ew> 1uceEecee< cueu ecuem
1eec eu auwcecueu ec euc ..ecs»m wuceu—eu u mu cwuc 1 1 1 1 .eeuueo
euuum .epcueecewcec: ecu puwouw ecu cwuc ace» ece: ucee»e—eEe .ecuuume: sz
»cucuwccu mu: cewuuwecec cc: .mcecuueu coupe eeccw cwueec eu cewuu< uuwcumwa .m.= .cwu: Ace—eeu .> ecuceu
.cewmmecexe ~wmu .».=
we eeeeecw m._u=ew
1>wecw euu—ews uec xue uw
.mcezee acucewuecumwe euecc .eucucceumwe
euc ecuem peecem ceeecu u emeuu uec ewe um .»ew_ee
ce>m .cueec mcwue> ecu cewuuoeeu we ecuem eeuu cewmmecexe we Eeeeecw sz
ceuce aecu pwuce meemmw 1_ew> cuwc: cu: Eucuew> ecu 1uceEecee< umu .uuu .u .ez
uucewuuc secw eeueeuece umeuece xuucepwm eu ecuc Ecu 1 1 1 1 m—ueee< .umwa —ucuceu
ec uec e—eecm muceeeum cuuuc u ece: ec emeuuec owe“ uceexepeee we uceeu .m.= ecum we cewuuueem
.»cucuwccu mu: —ummemwo cw eemmemwe mu: cecouew cwuaec eu cewue< .uuwcumwo .m.= Ec< cuu—m we ecuem .> meEue
.uw e>eeec eu eecmu uec mu: cwmu .u_<
uec ecuuumee u euc uceeeuuue
1ec mu: .eecmwpcuume mu:
eucucceumwe ez .:ew>ceucw cewuueuece uueeu
ecu uu umeeeec eu uuence ecu mmeuece eeo
uec ewe e: .umeeeec m.—ue 1uceeecee< cueu
.ewcueocewcece 1wucwce ecu uu ecouumee mwc 1 1 1 1 sz
ecu xcucuwccu e>ucm eu eemewec ec emeuuec uceexe—ese mcwcee:
mu: umeeeec m.—uewucwcc eemmemwe mu: cecuueu coupe cwuaec eu cewuo< uuwcumwo .m.: ecouumez .> »emEuz
cewmwueo we mwmum eemmu cue» .euuum
cewmwueo muuuw 1 1 1 1 _e>eu uceeu eucucueee< .xem .eEuz

 

...111i1.1.i...1uu11“u1..1,l

ucmeem

r

wew—ea

«:Nvdoll

flu

11‘ . i I. n I u 194 I. I. u

....11Wa1..1r6_1.lau.

. u niJ... W441¢11J111dnn11h1h1

.ueaccucoe-1.u ecuuc

QJ
Lu

.ceece cw mu:

cewuuccheu ecu cewuucw—ce
.ueuuucuceu cec eeupww—ew
uec euc ecu .mecuecuum
»uwc:eeeu eu »cucucee uec

.ucwcm ucecm cec

ec eu cemuec ecu ee>weucec
ecm .acocuueccuo
pueuuucuceu cec uuww—ew

cucecwc
we cewuu>wceeo
1uceEecee< cue—

mpueee<

1141.... “be

.I h‘ “J 1"41fnll

.mmuz

..I.‘l.‘uui

mum—

 

 

 

 

 

mu: cuece_ ucwcm m.cecuueu uec ewe ecm emeuuec use" uceexe—eee we uceeu .m.: cumceu va
uucu eeuuuu uceeu ceeecuuc cw eemmemwe mu: cecuuew cwueec eu cewuu< .uewcumwo .m.= ucwcm ccweo .> wwecuw
mucowc xuceeece mpueeec mwmu .xe»
.eecceuue euc cewueecmwe we cewuu>wcueo we uceeu .m.=
.ceeeew—ee mu ueueew ez .eeeu mmece »u—=uuw 1uceEecee< cueu .uuwcumwa .m.=
uw—cee eEum e>uc uec ewe ceuuwc: eeuu—ew> ecuec mwc 1 1 1 1 .m—ueee< sz
mcecuueh .pucewueuwumceuc: emeuuec uwmu cw eemmemwe uceexe—eee we uceeu .m.= emep—eu eucwuue
mu: eeee mmece eeep—eu mu: cecuueu ece—pee cewcee cwucec eu cewuuc .uewcumwo .m.= ecuec cum .> ceecu:
.eecm__ mwmu .cceu
1cuume mu: eucucceumwe
ez .uceeeuc uceeeum
.ececzem_e cew ceem eu cw ewu e—ee: cewc: ucee cewmmecexe we
eecw mu: cecuuew .muceeeum 1cmw_cuume ecu ecwp mmece seeeecw ammeoece ece
cew m—eeee euec cew. eu uec eeccewece e: .ewu 1uceEecee< cueu sz
1cuume uceceuew .m—eecum ecu .ucwcm .ceuuezm ce 1 1 1 1 cewuuueeu
ew—cee cce>em cuwc: uecuum we mcwcue: ecu ecu pucewueuwumceece we ecuem .>
mepec eucewce ecu eemmw eu 1cwecec eeeu mmece we xuw eecuuuee eeeo eww .ucwcm c.mm< cewuuueeu
zuwcecueu euc ecuec weecum 1uumeu eecewumeee cecouew mmece e>uc eu cecuec uewcumwo .m.= .ueceue ecewucu: umum
.ecuec ecxecu> ecu eucu «can .p—w
1cueeeu mwc ec eu cemuec xucecw_
ecu ee>weucee e: .»uw we cewuu>wceeo sz
.mpeecem 1chucw ecwceueu cew uwmu 1uceEecee< cueu .__~
ewpcec cce>em cuwc: cw eemmemwe mu: .meuuum 1 1 1 1 m_ueee< eocucueee< .»uceeu ceeu .weu
mepec eocewce ecu eemmw eu ececeu cew e—cwmw—e mu: .meeuEue ecu uceexe—e we uceeu .m.= .mcceceewm ceece: uuwcumwo
»uwcecueu euc ecuec peecem ec: .cecuueu cewc cewcee 1ce cwumec eu cewuu< .uuwcumwo .m.= .mecuec .eecum .> cew—w:
cewmwuea we mwmum eemmu cue» .euuum
cewmwueo muuuc 1 1 1 1 —e>eu uceeu eucucueee< .xem .eEuz

u... rcflinn.dJ‘IJ.Piw1r 1.1.1.“ mi 1 1 u . u u .

«1.1H11: Inafifldnhblll1nlhd.lw,.1nufll‘ll."114

ucmeom wew—ea

.lwflkfladlfl I34!

”.4 .1

1...

”ll

"11.14 4.“.1WQ1

0‘ u 1'4 I ‘11 VIII... ”W‘H 343.‘J1;,1;.

.eeacwucou11.n e—cuh

 

64

Employees

Thirty-one cases were located in which individuals, other than
teachers, perceived that they were denied the right to individual
personal appearance selection in a work environment (see Table 4).

Six cases within this category involved reservist members of the United
States Armed Services, who, when violating hair grooming regulations of
the military dress code, were assigned active duty status by the
particular branch of the Armed Service involved. The courts have gen-
erally held that review of discretionary military decisions was not
within court jurisdiction.

Twenty-five cases considered the rights of private business
and public service employees to be controlled by what they perceived
to be unfair and discriminatory employer promulgated dress codes. The
Civil Rights Act of 1964 states that employment opportunities may not
be denied on the basis of race, ethnic origin, and sex. Sex as a
classification was included to provide equal employment opportunities
for women. Act guidelines emphasize applicant/employee evaluation on the
basis of competence, skill and self-worth rather than on societal sex
role stereotyping. Ziegler, "Employer Dress and Appearance Codes . . .",
46 Calif. L. Rev. 965, 971 (1973) Civil Rights Act litigation emerged
in the courts around 1970 (Ibid, p. 973) and continues to the present
day.

Sex role stereotyping, resulting in unequal employment prac-
tices, was perceived by persons in applicant/employee roles to be the

major issue in a number of these cases. While the original purpose of

the Civil Rights Act was to provide equal employment for minorities,

65

including women, the issue of sex discrimination has inadvertently
permitted men in our society to also utilize this principle. They
alleged that promulgated dress codes restricting long hair on men but
not women were discriminatory ". . . because of physical character-
istics bearing a cultural stigma which attaches to males but not to
females." Oldham, “Questions of Exclusion and Exception . . .",

23 Hastings L. J. 55, 68 (1971)

The long hair issue was not limited to sex stereotyping, but
was also applicable to political, social or ideological views of non-
conformity. Individuals involved in these cases alleged discrimination
because they were men in a society which places acceptance on short
haired men. They also perceived that it was not their job performance
capabilities which were judged, but rather their personal appearance.

Employers promulgated dress codes, and hair grooming regulat-
ions in particular, for a number of reasons. Long hair was perceived
to be a sign of societal norm rejection and nonconformity. In some
instances, it was considered a safety hazard, for example, in the
operation of fire department equipment. It was also thought to have a
negative impact on customer and/or co-worker relations. Dress codes.
including hair restrictions, may have been considered necessary in
establishing the desired corporate image. In cases involving police
departments, uniformity was considered important for internal unity and
external visibility. In a case involving this particular role, however,
the dissenting opinion of Justice Marshall, with whom Justice Brennan

joined, addressed a broader issue.

 

 

66

If little can be found in past cases of this Court or indeed
in the Nation's history on the specific issue of a citizen's
right to choose his own personal appearance, it is only
because the right has been so clear as to be beyond question.
When the right has been mentioned, its existence has simply
been taken for granted. Kelley v. Johnson 96 S. Ct. 1440.
1449 (1976)

In approximately one third of the cases, employers were unable
to provide justification of promulgated dress codes to the court. This
included height, weight and eye glass restrictions applied to female
airline cabin attendants. The courts generally decided in the other
cases that dress codes, including hair grooming regulations which were
different for men and women, did provide equal employment opportunities
for both sexes. Dress codes existed for each sex and were applied
equally. They found that the male gender did not deprive defendants
from obtaining or keeping a position. A particular life style or
personal appearance choice may have limited employment opportunities

but that was a matter of individual choice and could have been altered.

67

 

 

 

 

 

 

acocuu_=mec cow ece" .>.z
wwmuc we aucewuwwwem
.cewuu—emec .ecuec 1 1 1 1 sz
xwwumen eu eeucemece u ecwcue: cew cewmceemem ecewuuuemec ecepw:
uec mu: euceew>u eeuuw ceuwwwe cewuucecc mcwmcepuucu cewuu< eeeceem .».z ecuem .> ecumcwpcem
.meuuum »u=e memu .uc
e>wuuu cew Ewc awwpuee «wuwuwwwe »cuuw_we
.eemmemwe emuu e—ee: cuwc: eucemcu eemeu we cewuecemwo
.mcewmwuee »Ecu :ew>ec eu 1xec= cu cuw: eeccue mu: 1 1 1 1 m_ueee<
uceeu ecu we cewuuwemwcen .u—ec eecwcumece cue: uec »uee ecuuuu eu mceece we uceeu .m.= u—em Azw
ecu cucuw: uec mu: uu ewe ec: .umw>cemec »Ec< ecwumec eu cewuuc .uowcumwo .m.: eecwcumecc comes .> ecc»a
.eeuucccea eeec .c.z
uec ece: mcewuceuxu
.eeeu mmece ascu ceuuwc: m_uwuwwwe acuuw—we
.euw>cem eeuupew> cwuc mwc emeuu we cecuecumwo
e>wueu cw uec mu: ec 1ec mP—wce eecw ucemcu 1 1 1 1 m—ueee< sz
cmeecu ce>e me—ec »Ecu eeuceeec mu: .eeece coec xuee eewuuu eu we uceeu .m.= ecwux
eu uoencem mu: umw>cemem cew ucemu .umw>cemec »Ec< ——uu cwence eu cewuo< .uewcumwa .m.: cwu: .> ccheeux
.eeuqucee ece: mcewueeexu muuwuwwwe »cuuw_we meou .».z
.eeeu mmece »Ecu ceuuwc: we cecuecumwc
.ueewwe eucw uce: eeuuuew> cwuc mwc emeuuec 1 1 1 1
ceece auee e>wuuu ecewec xuee e>wuuu eu ee—puuec huee muueee<
:ew>ec »Ecu cu e>uc eu mu: .cuwewmee pucewmmew e>wuuu eecw emcucumwe we uceeu .m.= sz
ucmwc ecu euc umw>cemem 1ece u .umw>cemec »Ec< mcwceem meeceu muecu: .uuwcumwa .m.= cwu: cemem .> cuwem
.mcewuupeeec ceuuwcz cemu .wwwuu
ez .mmu—e epeewe ecu emcucumwe cew
pucewmmewece cueeeu eu emuuu we xucewuwwwem
.eeucuce ece: eeuoeexe mu: e: .ecuec 1 1 1 1 sz
cewuwmee ecu .ucu—um cuum eecEwcu :2: PE e>ucm »ue cuuc eumwucucw cum
.emcucumwe xwwumen eu eu pumewec cew eeeceemem cew ecu ucee»e—e uuwcumwo .m.: we »uceeu ecu
eeucemece uec mu: euceew>u mu: ceuwwwe cewuucecc 1ce cwumec eu cewuu< .cewceeem .wwpuu ecuem »uwu .> cecumcew
cewmwueo we mwmum .
cewmwueo muuuw 1 1 1 1 _e>eu uceeu eucwnwwme< cmwwm wwhww

u L“. “1V1tEEJiN I. “ .h.l1| ..

n

uceaom cew—e

“Julfluaxwa

.1nu....1.1..uuu.nud..1.1.w.11.uulol.1,uu

u u 4 4.1- uln All n‘n‘fiiu‘uififlll.

.mee»e—eeu11.e e—cuw

68

 

 

 

 

 

."fldflh1aiu1fl.34lunufl Ill-III h a u M

.eeeu mmece ceuuwcz .cwuc uwmu ewco
mwc ce>eu xwpew uec ewe
uu: .mcemuec cewuuuwcum cew
mueccwuc cue: eu eeuqucee cewuuewwwmmupu
ece: eeec: e_ccz muuc cue: -uac menace ...ce Ace
.ue< mucous Pw>wu eu eecweeec ece: cee emeuuec 1 1 1 1 .uc_
eeuu—ew> ecu ceee: ecu cewuucwewcumwe xem eemeppu cewuucwewcumwe .muuwz uuceceo
cee eeexueeceum eeeu mmeco commeoece eeew eemcucemwo xem mcwecucu cewuec uuwcumwo .m.= ueccwu: .> mucecem
.»uee e>wuuu eu eeF—uu mu: mpuwuwwwe xcuuw—we uwmu ...—
.eemm_5mwe eeuu e: .eeeo mmece ceuuwc: we cewuecumwo
.mcewmwoee »Ecu :ew>ec eu eeuu—ew> cwuc mwc emeueec 1 1 1 1 mpueee<
uceeu ecu we cewuuwemwcen mecwueee uu ucemcu eeuceeec »uee e>wueu eu we uceeu .m.= sz
ecu cwcuw: uec mu: uu mu: cuEmecuec pucewuuz _—ue ecccweece cewuec .uuwcumwc .m.= cwu: ecwuu .s cemceec<
.mecuec eeuuwcu cwmu .».z
1mec eeeu mmece ceuuwc: cewmwuec we eeeeecw
.mucmwc cuEec emeuuec xceuu eeuoauc 1uceEecee< umu
m.ece umcwumu uec mu: uc mu ucee»e_e5e eemewec 1 1 1 1 as.
.mwewuec meewew—ec umcwumu mu: .memeecee meewew cewuu m—ueee< .a.: we .>wc .um
euucwewcumwe eu eeeceucw 1—ec cew ecuec u ece: ec: 1cwewcemwe meewmw_ec we uceeu .».z uce» :ez .> .o.u
uec mu: e—ec ce>ucm cue—u .Ewumez xeeecuco coupe ecwmcucu ucwupeseu .eeeceem .».z ecuem eceecxecu cceumum
cewuuweemmu we eeeeecw cwmu .ez
.»ucewueuwumceuce 1uceeecee< umu
ecu »cucuwccu .Emweec mwc we emeuoec 1 1 1 1
mu: umweec u mu: ucuuw_eeu eeuueeec mu: cuepecuue cewuuuw—eeu cew sz
emeuuec apepem cewuuuw_eeu eceewu—um cew cewuuuw—eeu uceeeu eu —umewec cue—ceece
ueeuuu eu pumewem m.umweec ecwuuewuwucuc ecwece—pucu cewuu< uuwcumwo .m.= umweez .> mecca
.meuuum cwmu .cceu
auee e>wuou eecuwmmu mu:
e: .eeeu mmece ceuuwc: muuwuwwwe »cuuw—we
.ew: eecwuc eeuuuew> cwuc mwc emeuu we cewuecumwo
ucecm u cce: e>uc epeeu 1ec cewuuewuwucue ppwce 1 1 1 1 mpueee< sz
ewmuuucuwo .cwuc euupemec »ceuuuwmwuumce cew eeuwu auee e>wuuu eu we uceeu .m.= euacz
eu »uwcecueu euc »cuuw—wz mu: cuEmecueo pucewuuz ——ue cwence eu cewuuc .uewcumwa .m.= cwu: .> ewmuuucuwu
cewmwueo we mwmum .
cewmwuea muuuw 1 1 1 1 —e>eu uceeu eucwnwwme< cmwwm wwmwm

uceuom wec_ee

nihilnfllflI111I in.“ n I. H.“ H h a” u]. n I h‘11.“ .11....31114191 w‘ib u.“'..c.11d "“54144111w1ulflll.‘1"111111 .1 d4“d]i.h.14la I NM?”~1“4~I33“‘39313~11I|31

.ueaccucoe--.u e_uuc

éfl?

.mucsee puceeew

ecu we cceeceo u ec uec
epsecm mecuecuum zuwcseeeu
.»cucuwccu uec mu:

uu .eeeu mmece esmmw eu
xuwcecusu euc eecew euw—ec

.eucchewcec

cew cuw: ecewceucw uec

ewe cwuc mw: .mucewc pucem
1cee eemcwcwcw cwuc eu oc—
1cwuucee eeeu mmece ceuuwc:
uucu eeaeppu cuEeuw—ec

mmeuece eso
1uceEecee< cue“

cewuupsmec
ccwcceppucu cewuu<

mwmu .ccez
eeuuee
m—ueeec .mccsceewm sz
we ucseu .m.: .ecuuums: ceeceec<

.uUwcumcu .m.s .ucueu .ccuc .> ce_eucum

 

.uw—cse eecw uoeemec

cwua eu eecw—ecumwe

ecu uuec ec e—secm
ceeeuw_ec .e_—u> mu:

cwuc ecwuupsmec eeeo mmeca

.mucewc uucemcee eemcwcwcw
cwuc eu mcwcwuuceq
eeeu mmece ceuuwc:

uucu eeoeP—u cuEeuwuec

cewuu_smec
we mmece_cucemuem
cewuupsmec
mcwaceP—uce cewuuc

Nwmu .».z
Acewmwswo eeuueo
use—.eaacu .accsseucm cs.
ececesm .».z .ecuuums: ccucw

.eEecesm .».z .ecuem .cwu: .> ewu:ceeco

 

.cce:
we uecu uucu use ecwmucc
mu: _pecceoe: .cwuc

mwc we emsuoec eemcucumwe
»ue_em uec mu: mec< use
.cewuucwewcomwe xem eeus
1uwumceo .cee cucu ceEe:
cew mecuecuum ucecewwwe

.eeeu
mmece ceuuwcz .ceee: mu
cecueewem cwuc cw Eeeeecw
eEum ecu eeuu_Ecec uec
ece: cee ensueec cewuucw
1Ewcumwe xem eemeu—u eeae—e

cewuuewwwmmu—u xem
1uu< mucowm pw>wu

ucee? Eaeec

mum” .ww—uu

Ace
cewuuceeceo

«upmsea

 

 

 

 

muwecec cuwc: .eeeu mmeca 1ce umeu uccwpw eeacucumwo ccwceem cewuo< uowcumca .m.= cwu: _—ecceau= .> mec<
.mecuecuum Nwmu .».z
puuewuem cwuucee eu
cewuwmeeee we —eeexm u mu
cue: eu emecu ec cowc: cwuc eeeeecw .ucemcec
.ewuu>cw mu: e—sm .mew: ecep eeceseu ow: ecw .eeeu 1uceEecee< cum
ecwcueeeu epcuucemece mmece ceuuwc: eeuu—ewc 1 1 1 1
umcwueu e_sc Awwumsn ow: mwc emsuuec ucemcu cewuu_smec Asw
eu epcucs mu: :Ec< eeuceeec mu: umwscemec »Ec< acwmceP—ucu cewuu< uuwcumwo .m.= aw: ecwug .> mwccu:
.cee cucu cwuc cewuuuwwwumu—u Nwmu .ww_uu
.cuce:1w_em ecweceuee ceece. cue: eu eeuuwe 1ue< mucewg uw>wu sz
uec e_secm eocucueceu 1cee ece: ceee: emsuoec 1 1 1 1 uuwcee<
ecu:uso .uu< mucmwm cewuucwewcumwe xem eeeeuuu _umm_5mwe we cewuuceeceu
Fw>wu eeuu—ew> eeeu mmeca cuEmewum eecw eemcucumwc mcwoce—pucu cewuu< uuwcumwn .m.= cwu: eecw .> escecea
ce_mwuec we mwmum esmmu cue» .euuum

cewmwueo

a ”jul‘l

 

11111144. «uulwihu. 1:4 1 1.“

muuuw

diluflu“..i.l..iud...n99h11“.luunTfilu...1u.1

ucssom cew—em

u..Jl1d.i-1J4eu1u

HO>04 01.300

eucucueee< .xem .eeuz

1 0 .. 1J. 1“ n u a «1“ “la 11 ‘1 111111“ I I — fla.04‘1 4'4 41.“‘3.“2’1‘J41§§!

.uesccucoe--.u e_suc

 

 

 

 

 

 

.uceeewsee we cewuuce ewmu .uc
.ecuuuc 1ce ewum cew »cummeuec ece: umeceucw
ecww u mu: cwuc eceu meusc uucu eesweecec .ueee puucescce>eu
.ecwcewuucsw uceEcwsee cuw: ecww .mucmwc pucemcec eem 1uceEeceE< cueu eeuueo
ecewceucw ewe cwuc puwuuc 1cwcwcw cwuc eu ecwcwuucee 1 1 1 1 .mccsceewm
.eseu> uec mu: cwuc eeeu mmece ceuuwc: uucu uceexeueeeec .ecuuumsz sz
eu ecwcwuucee eeeu mmeco eeeeupu cueecww eemcucumwa ccwueem cecuec uuwcumwo .m.: .ecuem .cwu: eunwm .> wcwcew:
.eocu:e»—u acwcue—u u eesmmw ewmu .u.e
uec ece: ecu .»uuu =m.m
eeeexe uec e_seu .ucmwuw
u ecwcse memmupe eae cue: eecu:e_»<
eu ceeewccew ece: .mcuecu cewuuuwwwmmu—e xem ecwcue_u
ucsce: .usccu1ccem eeccsc -uuc menace __>ce ccowccs Ace
.uu< 1ec ece: mee»e»eee euueew 1 1 1 1 .memmu_u .ecu .mecw_
mucmwm .wswu eeuupews ecu upce emsueec cewuucwewcu cewuucwewcumwe .ucmwe: 1cw< ume:cucez
»ceuucwewcumwe ece: mepsm 1mwe xem eeeepuu mmeecu3eum xem mcwmcucu cewuuc uewcumwa .m.= .ucmwe: .> :ewwuu
.cwuc cwecu ecsuem eu ceee: mwmu .u.o
eeuuwecee usc cee ce cwuc cewuuuwwwmmupu xem
.uuc mucuce .csce sco— eeuuccuaec eeou «mace -uuc museum .w>_e
nu euuuews uec ewe xecu ceuuwc: emsuuec cewuucw 1 1 1 1 m—ueee< cwu: ee»: sz
71 .ceee: ecu cee cew mepsc 1ewcumwe xem eeee—_u ecce_u cewuu—smec we ucseu .m.= .eceuumsz .uc. .eeew ucuwa
ucecewwwe ece: ececu euwc: eeccwmmu1ec ecu eeecucemwo ocweceu—ucu cewuo< .uuwcumwo .m.: .ecuem .cwu: .> eeeeo
.eececewece cwuc wees—ecu »ucecw— —ucemcec «weu .».z
»ucecw— pucemcec .eucue .mucewc wucemcee eeecwcwcw 1muceEeceE< cum .umu eeuueu
1cewcec cew cew »cummeuec cwuc eu ecwcwuucee 1 1 1 1 m—ueee< .mccsceewm
mu: epsc cwuc uucu »wwumsn eeee mmece ceuuwc: cecue—eeec we ucseu .m.: .ecuuuus: sz
uec ewe eecew euwwec uucu eeeepuu cueeuwpec ecwmceu—ucu cewuuc .uuwcumwa .m.= .ecuem .cwu: »ccuc .s ceza
.ceee: mwmu .u.o
cucu ecee cee eeuewcu »ucecw_ uucemcec
1aec eeou amecu ceuuwc: -uuc mucmcc uc>cu Ase

.eemmemwe
emuu .mucsee puceeew

emsuuec cewuucwewcumwe
xem eeme—uu cuEeows

uceeecwseec

mpueee<
we ucseu .m.=

»cueeeu ceumwmeu
cmuu pucewuuz

 

ecu cew ceuuue u uez 1cem —uuwccueu eeacucemwo mcwmce—wucu cewuu< .uuwcumwo .m.= cwu: .> cumuw
cewmwoec we mwmum .
- - - - see... 1e. we“...

1agfid1qhfl.“ufluld Ali. .. n .JJ .1 u .11. I

141111le 1.. If}

 

.w1u1.111..1h..11|... u.J..l.~.wu11‘11.i.11.I411.

ucssom ce__ee

i.d1lnu‘h1HId'MJUQJ”.dnfl.I-vda"clarfliNNJ

n“ 1‘".-

n n N 9.5.1114 ‘1‘: I fi”."1ll.‘ “mils “gall “1.11

.eesccucoe11.u e_uuc

77L

 

cewuucwewcomwe xem

cum" .u.z

 

 

.msoh cecue cc ccuc ceece. -uoc museum cc>ce Ace
.cewuucwewcomwe cese: ecu cee ee:e—»u 1 1 1 1 .ucu
uec mu: cee cew cwuc eeeu mmece ceuuwc: emsuuee Aue cuue .mecwu ccecusem
mcwuewcumec epsm .eemcucu cewuucwewcumwe xem eemeppu cew ecu mcewuu—seec we ucseu .m.= .uucecwuceu
ee e—seu cuece. cwu= ce>wce use eecewuucum ecwmcep—ucu cewuu< .uuwcumwo .m.= .> eee:cuu
mumeceucw mwmu .».z
.umeceucw —uuceEcce>eo
uc_ssa ecu mecuucuum .mucscc 1euececec< cue:
Auewum cew »cummeuec —ucemcee eemcwcwcw cwuc ecu 1 1 1 1 sz
ecu eweucemuec mu: cwuc 1uuwcumec eeee mmece ceuuwc: ucewuu_smec we ucseu .m.= cumuz.o
ecwuowcumec eeeu ceece uucu eeeepwu cueecww ecwece—uucu cewue< .uuwcumwc .m.: .> ecu—ceEux
.ecec:em»e .ceee: cew uec use cee cew cewuucwewcumwe xem mwmu .uc
cce: ce cwuc mwc cwuc eeuuwcumec eeeu mmece 1uu< mucewm pwswu
use eu eecw mu: ucuowpec< ceuuwcz .cwuc mwc eu ese 1 1 1 1 asv

.ucewc uuuceEuecsw
u uec mu: um .eemcucu
ee e—seu cumcep cwuz

uces»e_eee eemswec mu:
ec ewsuuee cewuucwewcumwe
xem eemeppu ucuuw—ee<

mcewuweceu
ucee»e_eee
mcwmce—pucu cewuo<

we ucsou .m.=
.uuwcumwa .m.=

.au meccac_cse
ceucue—ew ceuuz

.> cucecu_p.=

 

 

.ceee: uec use cee cew mwmu .ez
ecewuuuwew— cwuc eeespu cewuuuwwwmmupu xem
.cewuucwewcumwe 1cw eeee mmece ceuuwc: 1uu< mucmwm pwswu
xem we Ecew u emsuuee cewuucwewcu 1 1 1 1 sz
uec ece: ecu Euceece eucu 1mwe xem eeee——u umxpucu emcucumwe .eu
1cueecu .uueu u we ucue mecseeuecc euuweemmu cu ecu cewwceemsm we ucseu .m.: .»c .uuc wcsemmws
u ece: mcewuu—sewum cwu: ecu cchuuw:m eeecucumwe ecwmcep—ucu cewuuc .uewcumwo .m.= .> uuecu
cewuuuwwwmmupe xem use” .cewz
.ceee: cucu ecee cee 1uu< mucewm pwswo
eeuuwcumec cwuc mcwecueec 1 1 1 1
.»ceuucwewcemwe eeeu mmece ceuuwc: emsuoee »ue cuue sz

uec mu: cwuc
mcwuowcumec eeeu mmece

cewuucwewcumwe xem eemep—u
cewcmuU1cce—u eeacucumwo

ecu uceexe—QEeec
ecwceem cewuu<

uuwcumwo .m.=

.ucw .meceum eeew
cchem .> pensm

 

cewmwueo

a- 119.”.fl‘ “.1311... ””1“"1' 1J1I .“ J "Julfllnv Iv “ “

muuuw

udd.ufluu1fluu1ciuu1hu1~1uu,ad.1,.u1d..1a)

cewmwoea we mwmum

ucssom cew—me

a.“ “.11 NJJICJJ .11MIII1NIII. ”1.1"“...IN‘.1’I'II.bl"1..i1dh...!d.1 MI H“.*I~Ivuu

ueseu ucseu

cue» .euuum
.xem .eEuz

”.11 a‘§.31§ a 2‘11

.eesccucoe--.u e_suc

712

 

.mewuwcsuceece uceexeueee
uuwcumec uec ewe eeeu

.ewu ecu ucwcm .uwsm cue: eu
eecwseec ece: cee epwc: macew
1wcs ceecuu cue: eu ceEe:

w—u eecwseec eeeu mmece
ceuuwc: emsuuee cewuucw

cewuucwewcumwe xem
1uu< mucmwm pw>wu

mwm— .——~

cc.
emuewcu we

c.mm< cueu u

 

 

 

 

 

mmece .ue< mucmwc uw>wu 1ewcumwe xem eeeeupu ee»e—eEe auwpee mmece macewwce .»um .eew cue—u»
euu—ews uec ewe eeeo mmece ccue ecwu1ucue eeeceemsm mcwmcepwucu cewuec uuwcumwe .m.= ceecuu .> pueccuu
.ceee: cew e_»um cwuc wwmu ewco
uuwcumec ewe eeeo mmeco
.cee uec ecu ceee: cew cwuc cewuucwewcumwe xem
eco— ueuucccea uucu sauce -uuc mucsce cwsce
.cewuucwewcumwe ceuuwc: emsuuee cewuucwewcu 1 1 1 1 m—ueeec sz
xem uec mu: cee cew cwuc 1mwe xem eemeu—u cuEmuwucu emcucumwe we ucseu .m.: .eu mcwumuoeuece
ucecw ecwcwseec eeee mmeco ccue uceeemsEu eemcucumwe ecwmce»_uce cewuu< .uuwcumwe .m.= cwu: uwu» .> cexcum
.mcuu_m wwmu .wwpuu
.memwcu cew eececewece u eeuucum
eeec mu eeeo mmece muw 1ceeee cece: cec: eeecucu
emcucu eu eueu ee epsecm mu: eeeu mmece .eeeu mmece cewuucwcwcomwe xem
ce»e»e6e c< .cee ce cwuc ceuuwc: cuw: eucueceuuu cw 1uu< mucewc wwswu sz
ceece— qucee ewe ce»e—e5w ewu u cue: eu eecwseec mu: 1 1 1 1 mpueee< .ecu
.cewuucwewcumwe xem uec mu: ec emsuuee cewuucwewcomwe eecucumwe we ucseu .m.= .meceum »u:ewum
ewu acwcwseec eeec mmeco xem eeme—pu ace—u eemcucemwe mcwmce—pucu cewuec .uuwcumwo .m.= ew» .> cwuucsew
.cewuwcmeeec .ucceuxe ewmu .».z
ecu »uwcs uucceucw cew .mecuecuuv. xuwcscEec eucee: .ucemcec :cucewuceuv
mseemuucu>eu mu: ceEeuw—ee eu »cucuceu mu: ecu mucewc 1uceEecee< cueu eeecesm .m.= new: .eeuuea
cew eucucueeeu Ecewwcs pucemcee eemcwcwcw cwuc mcwu 1 1 1 1 .m—ueee< .mccseeewm sz
< .»ucewusuwumceocs 1uwcumec eeec mmece ceuuwc: mcewuuusmec we ucseu .m.: .ecuuums: cemccee
uec mu: eeeu eeec: uucu eeoe—pu cuEeuw—ec mcwmce—puco cewuo< .uewcumwo .m.: .ecuem .cwuz .> me—peg
cewuucwcwcuuwe xem ewmu .».z
.cecoz uoc ecu cue cow -uuc aucmce __>ce Ace
.cewuucwewcumwe xem uec mu: cwuc eeuewcumec eeeu mmece 1 1 1 1 m—ueee< .eu u ueeceu
ceee: uec ecu cee cew cwuc emsuuee cewuucwswcemwe xem ucee»e_eeeec we ucseu .m.= eo e_mw—cuu
mcwuuwcumec eeeo mmeco eeme—uu eeaepeEe eemcucemwo mcwceem cewuu< .uewcumwa .m.= cwu: .> emcee
cewmwuee we mwmum esmmc cue» .euuum
cewmwuee muuuc 1 1 1 1 peseu ucseu eucucuece< .xem .eEuz

1.1.4.1111..4U.ph1‘l..du“nu~flI.1.u‘dIu1h~‘u.u

ucesom cec_ee

11 I1"1~..11d nu ll. I,JJH “1011‘ “a...“ u I 1!

ad ‘4‘.- Fu.‘ «1. I u‘llflid‘lJIWlelfldul“ 1 “ I‘lflla‘uth‘I‘3‘uug

.uesccucoe--.u ucee»

7C3

u .0 “lunnh1fllfl'ulpusuuflfl "1“...“Id I 1“ “1H0.” n M n u 11

.mewewceuceeee «ceasepeae
eewcemec uec ewe eeee
mmece .meewwwe e>weeeexe
cw ewemacue ecweewcemec
he eeuew cwuuceu uuewece
e» ucmwc euc cexe—eEu

....Hru Jch.1flul‘fli!'u.v1nflflln“dlm,nr.l.

.acue ee ece we mcewueem
cecue uec use meewwwe
e>weeuexe cw «wemucue

ecwcue: eecw ceeez
eeewewcece eeee mmece
emeueee cewuucwswcumwe
xem eemep—u zcuuecuem
e>weeuexe eemcucumwo

quJ.VWHM“N”fiGHH11-.NVIJ

cewuucwewcumwe xem
-euc macaw: ..cce

emcucemwe
mcwmceppucu cewuu<

I. u I d n I a“ 0' "IlliJuIV U «an Huv "hint. urn Alu.,d1h.dtn“.|w] I 1.3fin‘ "Had“ ”Lanyullu

mum" .0:

Ace

cwucu
..ou e:u Hue—ucee

 

cewmwueo

vfluqnqhwhaEFNM‘A-Mluu ....hludo-K-u

muuuc

cewmweeo we mwmum

ucecom we__ec

.»Ithu‘v.4ufln1-n €1.11

eewcumwe .m.: «wemucuc .> cumwcue ce> u;
eemmu cue> .euuum
_e>e4 uceeo eecucueee< .xem .eEuz

n 14 1' 1| .1 d ”JHJJII‘1I H a!" "1"... u "4. “4153.!“ Ind “bu“unua‘vagfllfluhd.l

.uescwecoe--.e ecnuc

74

Entertainment and Recreation

Twenty-five cases were located in which personal appearance
was limited by law in either the entertainment field or in recreational
pursuits (see Table 5). State statutes and city ordinances, enacted to
protect the public welfare and morals and preserve the social order,
govern the parts of the human body which may not be intentionally
exposed before others in a public setting. These laws and ordinances
consider nuisance, lewdness, indecency, and obscenity. They are
punishable offenses.

Only one case was located in which removal of clothing or parts
thereof, was not an issue. A Carmel, California ordinance attempted to
restrict and deter the presence of Hippies from the use of public pro-
perty in 1971. Their appearance and ideology were perceived to be
undesireable by the residents. The California Supreme Court declared
the ordinance unconstitutional because it labeled a group of people
solely because their life style and personal appearance differed from
town residents.

The remaining cases considered aspects of permissible undress
within a particular situation. In earlier cases, two areas were
represented: bathing and playsuit attire and nudism. To shield the
real issue from the court, the 1925 case appears to have employed in-
appropriate appearance for litigation purposes. The real issues
apparently were social and ethnic disapproval of Hebrews by a neighbor,
with personal appearance being a means in which one aspect of the
disapproval was manifested.

The 1937 case, involving an ordinance requiring that customary

75

street attire be worn on public streets, was the only ordinance or law
of that nature. People v. O'Gorman 110 A.L.R. 1231, 1233 (1937) The
court held that while covering the human body to comply with decency
standards was reasonable, requiring that a specific type of costume be
worn was not reasonable. Although a male and female were arrested,
whose costume is described in Table 5, it is interesting to note that
their female companion who wore slacks was not arrested. It was also
pointed out that none of the parties wore hats.

In older cases concerning nudist camps on private pr0perty,
court decisions appeared to be divided. Certain states held that
nudity on private grounds did offend the public standards of decency
while other states did not. More recently, it was held that nude
bathers in Massachusetts and New York did not have the right to bathe
on public beaches or where it violated the common good of the people.

In particular public settings, such as the theatre or stage,
partial or full nudity was not only permitted but, at times, constit-
utionally protected as a means of communication equivalent to that of
speech, conduct, and expression. Speech, in its broadest sense, is a
form of communication by which messages are transferred from one
person to another. Kaufman, "The Medium, The Message and The First
Amendment," 45 N.Y.U.L. Rev. 761, 763 (1970) While the First Amendment
guarantees the freedom of speech and symbolic communication, it does
not protect obscenity. More recently, the Roth test has been applied
when the obscenity question arises. Three elements must be present to
judge a matter obscene: (1) the dominant theme of the material taken

as a whole appeals to prurient interest of sex, (2) the material is

76

patently offensive because it affronts contemporary community standards
relating to description or representation of special matters, and

(3) the material is utterly without redeeming social value. Roth v.
United States 77 S. Ct. 1304, 1315 (1957) In attempting to determine
whether the issue in question violates contemporary conmunity standards
or whether it has artistic merit, defendants may call expert witnesses
to help determine the facts. 50 Am Jur 2d 489

The stage productions of flair_and ghg_are cases in point. In
flgig, courts ruled against prior censorship and imposed public stand-
ards, within constitutional limits. The audience was left to decide
the merits of the play. The off-Broadway production of Chg,is an
example of over-stepping constitutionally protected limits. The
revolutionary theme of the play centers around the Cuban leader Che
Guevera and a "President" who is costumed throughout the play in a top
hat, waist sash with side streamer and toenail polish. Twenty-three
different sexual acts were performed by clothed and unclothed actors.
The act of human defecation was simulated, using toilet paper or cloth
which looked similar to an American flag. The writer and producer
were arrested on criminal charges. The court ruled that ghg_went
beyond the accepted limits even for off-Broadway and found no redeeming
social merit in the play.

Other forms of expression presented before patrons or in front
of audiences constitute a method of conmunication that is constitution-
ally protected unless proven to be obscene. Partial or full nudity of
waitresses and dance performers, the personal appearance issue in the

remaining cases, were not automatically held obscene by various courts.

77

Town ordinances, about half of which were declared unconstitutional by
courts throughout the country, were explicitly written. For example.
a proprietor in North Hampstead, New York was forbidden:

a. To suffer or permit any waitress, barmaid, female enter-

tainer or other female person in the employ thereof who

appears before or deals with the public in attendance therein

to appear in such a manner that the portion of her breast below

the top of the areola is not covered with a fully opaque

cover or that one or both breasts were wholly exposed to view

. . . to appear in such manner as to actually display or

simulate the display of the pubic hair, anus, vulva or

enitals . . . Salem Inn, Inc. v. Frank 522 F. 2d 1045, 1047f

1975)

An intervening factor in several of these cases was the sale
of liquor in establishments which had topless waitresses and/or
offered tapless or nude dancing. A direct relationship between this
type of entertainment, the sale of liquor, and the crime rate was
perceived. Each state, under the authority of the Twenty-first Amend-
ment, is able to regulate liquor sales for the greater good of the
people. This direct relationship did not go unquestioned, however.
In 1972, Mr. Justice Marshall's dissenting opinion states:

In fact, the empirical link between sex-related entertainment
and the criminal activity popularly associated wfith it has

never been proved and, indeed, has now been largely dis-
credited. California v. LaRue 93 S. Ct. 390, 411 (1972)

713

 

.euupe ecu eewe new:
emcucu mecuecuum zuceuee
.pumewec emceuw— wwwumen
uec ewe euceew>e aumcue:

.uceEeceE< umcww ecu

.uceueecw ee e—eez Eucmecc
ecu uucu ee>weucee ecu
eceecmxuue meeweee m.ucue
1wpeeu we eescewcw mu: x»
1ewum uwpeec we ceuuecwo ecu
emeuuee emceew_ ecwuuceae

cueeem eecw
1ucesecee< um~

mmm~ .e.z

eeececm .e.z
.A.>wo eeup—eee<v
cewcecem .e.z Rev

 

 

 

 

he eeuueuece mu: .ceeeem cu eewcee mu: cove—ceece emceew_ we puwcee .Acewmw>wo zuev acwecua cuceex .>
eecw we Ecew u mu .ecuuecw ecuuecu ecemepcee xcuzez mcwmce__ucu ceweu< cewceeem .e.z eeeme_cem .eu ecuuecw msue<
.upee ecu ecwcm1w smog .».z
.mucecm .mxuem .mcexuecm
ece: e—uz .uexuun ecu
.mecuecuem eeu cee—uc .mucecm .mpue
ew—eee ecewwe uec ewe 1cum ece: epusew .mueecem
aw mu ecep mu eucucueeeu ewpeee ce ecwuuu ueecum mpueee<
pucemcec cwecu emeece xcuseumeu we ecwcuez ece eeeeuem we mmeceemu> we uceeu .».z
eu eecw ece: m_ueew>wec~ mcwcweeec eecucwece mcexcew 1 1 1 1 .»uceeu .».z ecwue< Am a :V
.epeueucewcec: mu: ecu ecwuupew> cew eeemec pummwsmwe .mcewemem puweeem eeecem cchem.o
ceccuc eeu mu: eucucweco 1cu ece: mcep—ecum xuecem ceweeeemece pucwswcu we uceeu .».z acuseemeu .> e_eeec
.eucucece eeuecccec mum" .>.z
ece: mceeEeE1cec cows: m—ueee<
e» mewuw>wuuu peec\exe eucumwec we uceeu .».z
.ce>we eeceew>e ecu zuwu ace» 2e: cw ecwuue eeeeuum euuem .A.>we ecu—peee<v
ceee cewauw>ceu u ce>ee 1wewucue epwcz :up ecemee 1 1 1 1 eEeccem .».z
e» zeccuc eeu mu: .ecewee 1xe uceueecw mcwuupew> pumm_5m_e .mcewmmem puwuecm Aw a 2v
mcue» Acus eeueuce .3ue we eeuew>cee ece: mumweez ceweeuemecc puc_s_co we eceeu .».z amweez excem .> e_eeec
.emuuwcec zecee: cwecu mmad .e.z
mu: Eepeece ecu uucu
ee>weucee ceecmwez .ecweeu eucumwec
.cewuce>ceucw uceeu ecuccuz ecwceue cw cecee ececw zup ceeseu
e» mu e—eucewuuenee on we: con: uum mucueeuue uucu 1 1 1 1 Am a :v
mu: meeecum aewe ce cce3 meeeu—eeee1ce>e mu: emeec em: ecu— cewuucecceu
ecweeu ecwceue ucecceu m.ceecmwec uucu eeme_—u ce ecewuuwcumec aceucucu ecwuu< mucemea amueu
.emue ece eemmemwe eceou eceewmec ceuee cueeEce: eucewce ea cewuu< we uceeu .e.z mcwcuum xemcee .> ce—_wz
cewmwueo we mwmum .
cewmwueo neuuw 1 1 1 1 _e>ee eceeu eucwuwwme< cmmwm wwnwm

W-1.1.1.1..u.114.h1111fi.1u.u1u1«14.11.4 .1.n...1. ””1.

esmaom wew_e¢

1n1.u.u,na11u1d.111111..1..l1

n 1 1 . .IJ 11d..¢..d.fl-I tinifitv'u.4uu1wll,dn~|I11dl.‘*1dlfl~“fl§ifl£14

.ceweuecuem ecu ecescwuuceucm11.m epeuw

7“?

 

 

 

 

 

 

.eccoeuu mum" .w__ue
wwe—ecu euc muceEcmwpeueme
eemwucucw cum xecew ea xecwcw
.eemeexe ece: memuece
.euupe ecu cec .meewu uu ecu .eeue
eewu cew: emcuce mecuecuem ucecuemcuce u ecu macaw» we
auceueo .mecuecuem eeumwmceu eseumeu m.ceucuo cewmmecexe we Eeeeecw
auwceficeu acuceeseuceu .32 .quu we cewuuem 1ecesececa and
cup: ecweeex cw uec ece: ueeecee ecu ecemeexe eze— 1 1 1 1
ecu pucewueuwemceece e_ec mcwuu—ew> we mom“ cw eeuew> cewuew>ceu pucwewcu eseceem .wwpuu mcwucuo “my
ece: cewemeee cw mcewuuem 1cee ece: cemucus ecu ceucue ceuwu meeceu mueeu: .puewuwcez .wwpuu mmepeeh wcwccuwc em cc
.xuceeece eepu wwe one" .xew
.e=_w eecw u ocean u eecw meweccceuu eeaeuem
mu: ucescmwcec .eewpeeu eezew> eew—ee .mewuw>wuuu we cewuuuececeucu
:up ecemeexe uceeeecw nape cu—uec cw eeuuewuwucue 1 1 1 1 m—ueee< —ucwewcu
.»uceeece cape wwe e—ewmw> mega mu ecemeexe uceueecw pummwsmwe we uceeu .xew Aw a 2v
ece: mewuw>wuuu emeuuem cew eeumeccu ece: mumweez cewueuemece —ucwswco .»uceeu .xew Emweez euuum .> p~eeeauu
cezee euwpee .m> owe” ewco
cewmwpec we soeeecw
.zup 1uceEeceE< “...:
ecemeexe «ceueecw eeuupew> 1 1 1 1
Emweec we eeweuuce ece cewuuceeceucw we
.eewcee mu: ceucucu ecu emeuuee ceucucu u eewcee me—uwucu we mcweeeuuu Aw a xv
pucewueuwumceu mu: zue mu: ceuuceee eepu unweez ecweeec e» m=Euecuz eeeceem ewco sewecz czecm .> euuem
.eauemcup e>wmcewwe emma .e.z
mu ——e3 mu euceweeu
cu ecewee exueuuee ecu cezee euw—ee
.m—uewcem epue ecu .mxeeu .m> cueeem eecw
.mceuwuwu ece we mpuces 1u=e ecu .m_uewcem .mumuece 1ucesecee< emu
ecu uueuece ecu eecucwece epusew we mcw—weece ecu 1 1 1 1 any
eucewce ea xuwcecueu euc mcweewecew eecucwece auwu eucucwece eeeceem .e.z scuzez we
euw—ee .—ucewu=uwumceu we 3ew>ec acmeem ceuewceece we qu—umep .Acewmw>wo zuev mcwucuo xuwu .> ecuuecw
ewe; mu: eucucweco ecuuecu eeeme—cee xcuzez mcwmcep_ucu cewuu< cewceeem .e.z eeemepcem xcuzez msue<
cewmwuec we mwmum .
...... - - - - 1%.. e... .ez

(dququlflfl."Hua M-N.i. 1&1, a 1 11 u n 1. .4

1411.1....nunlJJHIHPJHJI'J1001HJIHHIW

eceaom ceece

Tu 1.1» I 111.1n1 . 1|]. 1.1”. 1..u 4n "In 111i“,l1 “V14 .lJbNIJJu—J din

4111,37” 1:9W1"0. n 33““-113335

.uescweeoe--.m ecnuw

80

 

 

 

 

 

 

.meceu_mec .e_aoec ccac .wwcue
czeu Eecw eecewwwe zxcuuwcumce ecu e—eucwmee
eucucueeeu pucemcee 1::= we xepwcw we emeuuee cewuueeece .ueem Amy
ecu epaum eww— eeec: em: xcue eeuu—eoec eecu 1ucesecee< cued .o.e
epeeee we ceece u eepecup 1cwece auwu .xcue uw—eee 1 1 1 1 eeeceem .wwpuu mmuco pescuu1aeceuce:
an ..ucewueuwumceece pescuu cw mmuce ce mcwuuwm cewueuemece pucwswce .cewceeem ce mcwuuwm cew uceeu
mu: eucucweco cew eeumeccu mu: Anew: cwucemec eu cewue< aeceece: anew: —uewuwcez .> ccue
.mu—w .m.: e» cu_we_m owe" .».z
eexeep cows: cue—u ce cecue
uepweu ocwme .eeuupeawm
mu: cewuuuewee cuss:
.cmum ecu euc eeu cew uceuxe
eeec mu: uceewmecc ecu
.mcewuueeecc mcwzucucee ceeu< .aeucwem cewmmecexe
zuzeuecm1wwe cew ce>e 1cee ecu .aseeem puemcemcee we Eeeeecw
ccec eeuemwwu ecu ecexee .mmecezep uw—eee .»ewceumee 1uce2ecea< emH
ece: ecu .ucesecee< mcwuwewcece mzup mcweu—ew> 1 1 1 1 111. Am a 2v
umcww ecu xe eeuueeece cew mom“ cw eeumeccu ece: .umm_5mwe ecu nuwzeucem
uec mu: auwceumeo cecewmee uem ecu mceee< ceweeuemece pucwswcu _ucwewcu .».z ecuuech .> epeeec
.mceeuu ecu we cew owe" .mmu:
1uecumwe ecu eu u. ewe. ece
.eecceuuo uueecou .uexem
.me>—emsece cew zupe ecu cec: ce ee>eEec ea e_eecm
we newcee ece eccheeee ea mcwcue_u cecz xwwueem eec
auwceuceece ce>wm uec ece: ewe newcum .m3u- zuwceumee cewmmecexe
mceecupmcu :ez .eceemee eeuum ceece cewueeemece we seeeecw
en e» ceeece mu: aw mmepce ece>ece e» mcewmw>ec Acumme 1uceEeceE< um“
.ucesececa umcw... e5 1uec exuc. cucu ceceuc :97. 1 1 1 1 A... a 5
me eeeueuece mu: .cueeem ewe—u e» eeccewece cwu: we cewueeemece .ucwewcu uewcumwo .m.= cwu: ecxe .>
eecw we scew u mu .ecuuecw cewuueeece ceuee: cw mceeec umcwumu cewuucenc_ .eeeceem .mmuz ecuuecw .uc_ ..u.~.m.c
cewmweeo we mwmum eemmu cue» .eeuem
cewmwuee meuuc 1 1 1 1 _e>e4 uceeu eucucueee< .xem .eEuz

' "171‘. .2 ”“34““... 1.1.". fill “I. a 11.01

.nu.~uh In““» “01‘

eeeaom we_cec

nun-m

I dI-JJT H aniw.-flfi, ....141ill-1.-HW1N‘(‘3‘~.‘aqi‘

.eeecwucou11.m e—nuh

 

{El

 

 

 

 

 

.eeeuee «wag .ceez
ea ewes mcwce>eu .epeewc
umuece :e—ee mecucw ceew
ecu e>eeu cucw ece uecu cu
we saweec eeuuwcumec eucu
1cweco .eucucwece ucesecw cewmmecexe we seeeecw
eecewemeee .muuu mcwucwue 1ucesecee< um" Aw a 2V
.uceEeces< emcwc heee ecu .ecwucue eeec 1 1 1 1 mcwucuo uxmuceez
ecu he eeuueuece mu: ecu ewe—eeu euc ecu .ceeew— eucucwece we xuwew—u> eeez .ucesecw we
ecwucue eeec ecu mmepeeh eeecem es: .ceuewceece ee_u mcwmceppuce cewuu< newcumwa .m.= a nee—cew zuwu .> scu—u
uceeu puceeew mwea .mwz
we ceweuuwwwemee
.mcwucue eeec eecewwe 1 1 1 1
xece emeuuee .uzecec m_uxecec «w a :V
emceuw. ceeewp eewcee emceew— .uwcee eeeceem .m.= mcwecuo ececm .>
.ee—euem uec eemm~ ece: mceuewceece cce>uw mcwaceppucu cewue< .»uwcemwo .m. eeez ucmeceg we auwu
.muwceuw awed .nwc<
.cewmmecexe ew—eesxm eec «cecuemcucu an eece>ee ce
ecu uwwece cew mu: «ucee eemeexe ece: maeeueee ce ucue cev
1cmw—euame ewum cw seweez .mpuewcem .mumuece ecec: cewmmecexe we seeeecw eeec em .uwc<
.mucawc ucesecea< emcww mucescmw—euame cw me—um 1ucesecee< umg .m—ueee<
emc—cwcw ce mueew we ceeew— mcwuuwcumec eucu 1 1 1 1 we uceeu .nwc< ocwucua Am a z.
eacucexe eecw u mmeceeem 1cwece auwu mcweupew> we eucucwece we wuwew_u> .cewceecm .~.c< eeez cemueh we nape
eec ewe eucucwece zuwu eeuuw>ceu ece: mpueew>wec~ ecweceppucu cewuu< .xuwu ceuee» a «me—cew .eeuum .> cueu»
.muecu ewum cw eeuc eewcu memuce>ee wwe“ .wwpuu
cew: eueeec ecu eueeceemws uwpeceu_u .ecuceu
.uw—ece puexem nceu e» eeuuuce ea cezee euuum chucewuceuv
we mpuces ecu .ecuw—ez mu: rue .mcwecue eeec 1uceEecee< um- eeeceem .m.=
.ce—uec eueeecc ecu ecu nee—cew ecw>uc muces 1 1 1 1 .euwcumwe .m.=
me—um ceeewp euu—emec ea 1cmwpnuume cw me—um ceeew— cewuu—emec .eseceem .ww—uu acwucuo an a 2V
auwcecucu euuum ecu e>um mcwuwewcece :u— eeuum we wuwew—u> .mpueec< eeez ensue
ucesecea< emcww1wucexh eecewumeee ceee—ceece mcwmceppucu cewue< we uceeu .ww—uu a «me—new .> uwcceww—uu
cewmweeo we mwmum eemmc cue» .euuum
cewmwueo muuuc 1 1 1 1 ~e>e4 aceeu eucucueee< .xem .esuz

Seesaw wee—ea

an,

dun‘n‘IW1dw‘TuCr-‘Iulu

uh. . I4. FM .1‘Nh 411NJ I’la'i“ M."l'.cu.ll".fll‘i ”.0 fluflnagiiil‘hwl

.ueaccecoe--.m e_nuc

82

 

 

 

 

 

.nom uu eeeuewume mu: weep mum“ .».z
.uec ewe uuee mmecwmee ecu mumuece cweeu
emeeu ecu ceeewp acw>cem ce>eu e» wee» wcwxwe ece:
meeupe emcee ceezeee mceucuo .meeem eewweu ecu
emweocwumwe uec ewe eecu .mecuceuemec .meeeeeueemwe cewmmecexe we seeeecw
1cweco .ceweuuwceccau we .mZuc eucue .memceep ......cue 1uceseces< e3
Ecew u mu: ecwucue mmepeeh .muecueuu cw mcwecue wwe—nee 1 1 1 1
.muemwc eeuueuece hP—u mcwuweweece eecucwece eueem eucucwece mpueee< Aw.
1cewueuwumcee eeeu_ew> ecu 1esu: eucez mum“ eecw wewp we eceEeecewce we uceeu .m.: mcwucuo xcucc .>
euece eeu mu: eucucweco 1ec eceeem uceuewceece cum cwence e» cewue< .uuwcumwo .m.= mmepeew .ucw .ccw Eepum
.meuuwe uwpeee ppu cw eceeu wuceeew mwmh .».z
mcwucue mmepeeu mcweweweece we cewuuwemwcee chucewuceuv
eucucwece cxeu eueemesuz 1 1 1 1 mceceem .m.e
.pucewueuwemceuce eucez mum“ u eeuu—ew> eucucwece .mpueee< va
e—ee mu: ecu .mce553m u ee>weeec see: we eceseucewce we uceeu .m.e mcwucuo .ucu .cc~ se—um
euece eee mu: eecucweco we ece .mceuewceece cum cwence e» cewue< .euwcumwe .m.= wee—cew .> cucee
.esee ece cweeu cw .mcecue we eucemece ecu mwee .uwc<
meceumee eceemee mcwme cw ce euuwe ewpeee u cw cewmmecexe we seeeecw
mceruwe eeeuepece eeeepu heee we mecue eeeeeue we 1eceEeceE< um“
1c. eucuuum ecu .ceeuwc: ecemeexe ezew ecu pewpw: 1 1 1 1
mu: aw m< .uceEeceE< ecwuweweece zup euuum eueuuem mcwucuo Aw a zv
umcww eeu he eeueeuece mu: acweupew> cew cheeec we eceEeucewce eeez ppeucce
ecwucue eeec ecu ewe—cew cw eeemeccu ece: mceecue cwence ee cewee< newcemwe .m.e u mmepeew .> eeezeu<
.mceuwewe mwme .ccew
we eceEeuwcce pucee—ee
.cuepe ecu cew mu: eewceuw
.eeceee 1eeu we emeecee .ucwcuee cewmmeccxe we seeeecw wwcucewuceev
hupe ecewee eew—ecu u ueeeuwz eeceew>e humcuee 1uce5eces< em" eEeceem .m.: Am a 2v
mu: ewemcemceu .eezep—ew ce ”we“ cw Eewceuweeu Fun 1 1 1 1 .m—ueee< eucceu .>
eec ece: meceeeuece 1wowcee umeecuuuueu we em: emceuw— we _uwcee we eceeu .m.e cwu: .eue .mceweesecc
e>wuucemwcweeu ceeecc eewcee mu: ceuesecc cwu: mcwmce—pueu ceweu< .uuwcumwe .m.= ecuueew cceumueeeeem
cewmweee we mwmum .

n.1,.W1uauudhhu-09rlnu a. nun J.d «J H .1 an .

uemeem wow—em

u...-Hfl11fl

H..W‘1I M4 fl3M‘1flia'ga. 7 1 “‘3‘“

 

.eeecwuc0011.m epeuh

513

 

.ucecceuee
eewcu ece ewemcemceu eec
mu: emeecee cewuu—emea

.uueeceumws puexem eehucu
1cee euwe: mucesemwpeuume
mcwecue eeec ecu mmepeeu cw
mepum cone—p eeuweweece zup
.wwpuo .cewuuue>ec emceew—
ceeewp mcweceesw wwe eecew

cewmmecexe we Eeeeecw
1uceseces< em~

mpueee<

«wofi .ww—uu

r:

.ececeu euucesee

 

 

 

.eeueeuece h—pucewueewumceu 1ameee mceecue eeec eehepese emceewp we ceweuue>ec we uceeu .m.= mcwucua uwpeeeup< we
uec mu: cewuuuwe—exm eex ceuewceece emewo cum cwence eu cewue< .uuwcumwe .m.= eeez .ueeo .> ceuee—m
.muecu mcwxcue ewe" .mmuz
ce .mewuw—weuw ceweuuwcum
.mecuemeww— ec ece: eceew
.epeueucewce .eemuececw hpuuecm eue
cue eeus cewez ceesec eeu .hpuceuea .mcueh
eeemwxe uecu mcweceeccem hewww ueeeu cew uecu eee
ecu ucescecw>ce ecu eu eeme eue memweez .eewm cewe heceew_ pucemcec
euece» ceeuecm u .cewueee 1u>cemceu u mu eeuucmwmee 1eceEecee< cum
1ece .uceweeewemcee we uecu cu .eeu eeuu .xe—pez 1 1 1 1 mpueee< sz
ecemuee econ ceece eeee emem uu cue ecweuue eeec mceweu—emec we uceeu .m.= mcweuum huzeuuz
ewe ecweuue eeec e—we: eecw wewpec cemeem mumweez mcwmce—puee ceweu< .euwcumwe .m.= eeez .> «Euw—pw:
.uec ewe uucu eeec» ecu wwe“ .».z
ceeew— ocw>cem meeuwe euece .meuu—e ew_eee
ceezuee emwemcwumwe eec cwuecee cw .uwcee ewumwucu
ewe eucucweco .eeeeeuece we wwe—ecumec .mcweee—u
h—pucewueuwemceu mu: eeeu—emec euwez eecucwece cewmmecexe we Eeeeecw
mcwecue eeec eceemee1cez czeu cecem cu> eecw wew—ec 1ecesecea< an“ Age
.meemwc eeeeeuece h—pucew acmeem mceucue mmepeee 1 1 1 1 .uum .cecem
1ueewemcee eeeu_ew> ecu eehe—eEe es: ceeewcc eucucwece mcwecue cu> we czew .>
euece eee mu: eucucweco 1ecc ecuceuemec ecu cum mcweceppuee ceweu< eeeceem .».z wwe—cew euuc m.cewwuee
cewmweee we mwmum .
cewmwueo mueuc 1 1 1 1 pe>ee eceeu eecwuwwme< cwwwm wwmwm

eemacm cec_e

u I u 4 N

m

...J“‘..hulullflu‘..n..fll“01l

q 1. «in .1 i 0 J10 a Idjhdidaua..‘uzu 41‘1‘1

.ueaewueoe--.m e_euc

811

.14uul1..0’t.flln1“.rn nhuiunu

.eueecm eecw cue»

1. 1 . 0 I 1 1 u C .. u ,. N 1 C .. I. u 1

.exw—

:1. «46!. we . 11. «11411.... n 1‘.

 

 

 

mwmh .ec~
ceeuuc cew>ueee mu: ewwece ecu ecu meeec ceece» .mEeec
cew mcwocue eeez .mcwuuem 1euec mu —_ez mu cwuewcw<
uw—eee u cw eeec cueeeu ea mue_—um wee we eecchewcee u
ee—uwuce hP—uceweeewumceu eeewecw e» eeeececeecw ee
uec ece: mpueew>wec_ epeeu eewe: meeupe uwpeee cewmmeccxe we seeeecw
.ecemecxe eceueecw ecwcwwee ppu cw heweec eece>ee 1ecesecee< ewe
cew eeemwxe mecuecuem aw emeueee zu» ecemecxe 1 1 1 1 Au a 2V
ecu meceeeeecc .»ucew uceueecw euuum eecewumeee eueeuem eeeceem .ec_ mcwucuc ceucwmhum
1u=uwumceu e_ee mu: rue eceucue ecu ceuewceecc ocwmce__ueu ceweu< .cewceeem .ece eeez .> eeuum
ceeew— awe“ .cuw:
.mecesemwpeueme ce>e cezee m.eeuum
mcw>cem ceeew— cw mcwucue 1eceEeceE< um-

.ceeew— ee>cem euwez eeec mcwuweweece eucucwece 1 1 1 1 va
meuupe uw—eee cw cew>ueee mcwuu—ew> cew wwe“ cw exue ceweupemec mpueee< mcwucue cewmmwzseu
eeupemec e» huwceeeeu eue ee—pu: cw eeemeccu ece: we uceseucewce we eceeu .eew: eeez pecuceu ceeewe
cewmmwaseu pecuceu ceeewe mceecue ecu ceuewceecc cwence ea cewee< ..uwc» .euwz w mmepeew .> eecem

.cce: mu: acweue—u mwmh .».z
esem eeew>ece meeupe ceeue
mu ..ex mu meeeuee ce
meucecewecc mcweuepu cweee
euucumcesee ea eecw ece:
mpueew>wec~ .euece eee huu>wce we uemwc
mu: cewuuem ecwueu ccweeue .meeuuee ce ecweeu ecweuue .cewmmecexe we seeeecw
e—euewem .meeeuee owweee eweuewem we mcwcue: ece 1uce5ecee< eum .em~
ce eeeue ea uemwc eeu ecwcweeec ecu mcwcuue eeec 1 1 1 1 sz
e>ue uec ewe mceeeue eeez mcweweweecc eecucwece czee eucucwece ceuesueeeeem
.eeuueuece h—pucewueuwumceu ceuesueeueem mcwuupew> we uceseecewce mcweuum we cze»
uec mu: ecweeue eeez cew eeumeccu mu: umweez cwence ea cewue< euwcumwo .m.e eeez .> cweueu
cewmwueo we mwmum eemmw cue» .euuum
cewmweee meuuw 1 1 1 1 _e>ee uceeu eucucueee< .xem .esuz

Jlu.fl.]i‘qd”lfl1w1mll114uhdn 441 «u u." «lye-11 1

“canoe we__ec

.11.u1l1411-1|.n11d|1

.1411

NJ 11- u . M “.1113...“ u 1. «Jillwl u

"Al.“lfl M ‘ 4'3” u “Ji‘fllu "q‘gai 1nd!"

.uesewueoe--.m e_euc

85

Courtroom Demeanor

It is generally accepted that judges have the power and author-
ity to prescribe procedural rules and practices which are considered
necessary for the administration of justice. In this situational set-
ting, certain forms of behavior, including the personal appearance of
those appearing in the courtroom, are considered not only appropriate,
but expected. When the bench perceives that the justice, authority,
dignity or decorum of the court is in jeopardy, he may issue warnings
and/or contempt of court citations to the offending person. Contempt-
uous acts may limit judicial administration by embarrassing, obstructing,
or disrupting court functioning. 17 Am. Jur. 2d Courts 2 Contempt
of court is not a personal issue between the offender and the judge,
but rather, is considered an offense against the state. Civil contempt
compels immediate obedience to a judicial order and is removed upon com-
pliance with the order. Criminal contempt is a willful and intentional
act aimed at the dignity and power of the judge. Common sanctions
include fines and jail sentences.

Proper procedures are available to individuals who perceive that
court promulgated fbrms of behavior, including dress codes, are unfair
or improper. The requirement is to be adhered to until either the
matter is modified in the court which issued it, or until it is modif-
ied by an appellate court. The court frowns upon open defiance in
court, verbally or by conduct.

Historically, the role of attorney in the courtroom was

directed by the court. Judges:

86

. . regulated in minute particularity, even in matters so
personal as the growth of their beards or the cut of their
dress. People Ex. Rel. Karlin v. Calkin 162 N.E. 487, 492
(1928)

Many courts throughout this country have permitted some measure
of freedom in personal appearance expression within the confines of the
courtroom setting, but a number have not. In the past decade, legal
and non-legal sources have reported conflicting judicial personal
appearance norms within the courtroom. In 1970, Judge Hoodrow Hill
asked a young man appearing before him: "Now let me get this straight.
Do I address you as Miss, Mrs., or Mister?“ (Chapel Hill (North
Carolina) £22511; 24 May 1970, p. 2.) A New York youth was held in
contempt of court and sentenced because the presiding judge considered
his hair “to be a cross between an Angora goat and a baboon." An
appeal was premised on the grounds that the judiciary in this country
have no concrete personal appearance standards on which to base
restrictions. Dobbs, "Contempt of Court . . ." 56 Cornell L. Rev.
183, 201-2f (1971)

More recently, Judge Herbert Miller suggested the adoption of
ceremonial robes for attorneys because many appear before him as though
they "slept in“ their clothing and used an ”electric eggbeater" to comb
their hair. (Middleton, 1980, p. 834)

Due to the increasing number of female attorneys appearing in
courts of law, Michigan Judge Gordon Britten retracted personal appear-
ance standards which were applicable to male but not female attorneys,

stipulating only that all attorneys appear "neat and clean." By way of
explaining this decision, Judge Britten said:

87

(Female attorneys) apparel is an ever changing variety
in that they are dressed in ankle- -high, knee- high, and thigh-
high skirts: house dresses and party dresses; sleeveless and
sleeve jackets; sweaters; slack suits, trousers, shirts and
blouses of various cuts. styles, and decolletage, allowing
freedom of movement and seasonal comfort and styles (with some
courtroom observers suggesting there is sometimes emphasis on
that asset or assets more likely to impress). . "Equal
Protection Under the Law. " (Michigan Bar Journal. vol. 59,
No. 6 (June, 1979) p. 356)

Fifteen cases were located in which attorneys, defendants. wit-
nesses or spectators refused to comply with personal appearance stand-
ards issued by particular judges (see Table 6). Judges perceived that
standards upheld and enforced associated and expected role performance
of attorneys and conveyed the solemnity, dignity and decorum of the
occasion. Verbal warnings and reprimands usually preceded more serious
sanctions. When individuals refused to comply with judicial stipul—
ations, contempt of court citations, civil and criminal, were frequently
issued and included jail sentences ranging from three to thirty days.
with one exception, and fines ranging from $25--$100. A sentence of
180 days was issued to a defendant who undressed himself and left his
clothing laying on the floor as the judge arrived to convene the day's
proceedings. He had to be dressed and removed from the courtroom.

This resulted in giggles and laughter from some spectators. while
others left the courtroom. The severity of the sentence was premised
upon the defendant's overt intent to disrupt and obstruct court funct-
ioning. While nudity may be appropriate and even expected in certain
situational settings, it is a contemptuous act in a court of law.
The majority of judges, both trial and appellate, stated that

the authority of the court included the issuance of certain guidelines.

88

including those dealing with personal appearance standards. Two
exceptions were noted by judges but none of the cases located dealt
with these exceptions; where it was substantiated that individuals
could not afford required clothing and where an emergency situation
existed, courts may suspend promulgated dress codes. Five factors by
which the various courts reviewed personal appearance standards and
sanctions emerged. They are not necessarily clear cut and some measure
of overlap exists. First, several courts ruled on whether or not the
standard was sufficiently explicit to avoid confusion. Standards such
as "suitable, conventional and appropriate“ and "customary courtroom
attire" were not considered explicit, but "conservative business
attire" did not come under judicial review. In prescribing approp-
riate personal appearance for female attorneys, a trial court judge's
dictum addresses role expectations via an inexplicit standard. He
said that the attorney:

. . . (S)hould use sound judgment . . . as to what is nice

and right in the Court . . . Matter of DeCarlo 357 A. 2d

273, 274 (1976)

Second, where it was held that personal appearance and behavior
were not disruptive to judicial proceedings, appellate courts generally
cancelled the penalty. This occurred in a case in which two defendants
appeared in court on traffic related charges, and were held in contempt
because they did not wear a jacket, tie, and slacks. The detailed
description of their wearing apparel, as it appeared in the opinion,
follows:

Larry Kersevich was cleanly and neatly attired. He wore a
sport shirt hanging over flared blue jeans . . . He wore

89

shoes and, I believe socks. He did not wear a tie and jacket.
Mark Stone was cleanly and neatly attired. He wore slacks
thh a sport shirt which was hanging over the slacks. He
wore tennis shoes without socks and did not wear a tie and
jacket . . . Kersevich v. Jaffrey District Court 330 A. 2d
446, 448 (1974)

A like issue is also evidenced in a case in which a spectator
wore a t-shirt on which “Bitch, Bitch“ was written in letters over five
inches high. She was held in direct contempt of court. The trial
judge who perceived that the shirt had insulted the dignity of the
court, told Miss Watts: “You're not very lady-like wearing that on
the street." People v. Watts 384 N.E. 2d 453, 454 (1978) The appell-
ate court cancelled the sanction for the following reasons: neither
the shirt nor behavior disrupted the court, and the attached meaning
to the word "bitch" had changed through time. The court also noted
that individuals who were more familiar with courts would not have worn
such a shirt in this situational setting. While it did not approve of
such attire, the court added that other judges would react differently
to the shirt.

Third, where personal appearance and behavior were considered
to be a direct assault on the dignity of the court, contempt orders,
especially stringent for attorneys, were upheld. Judge Tyson request-
ed, in open court, that an attorney before him don a tie, to which the
attorney replied: "No sir. I am saying right now I shall not. I
shall dress my mode of dress, not the dictations of the Court."
Sandstrom v. State 309 S. 2d 17, 19 (1975) Even though the attorney

wore a sport shirt, necklace and white suit, the appellate court upheld

the lower court ruling by saying:

90

The wearing of a coat and necktie in our court has been a long
honored tradition. It has always been considered a condition
to the seriousness and solemnity of the occasion and the
proceedings. It is a sign of respect. A "jacket and tie"

are required dress in many public places. Sandstrom v. State
309 So. 2d 17. 23 (1975)

Another example appears in a case in which a female attorney,
who wore a hat while defending her client, defied the judge's request
that hats not be worn in the courtroom because of their potential for
distracting jurors, thus, impacting the decision of the case. Upon
review, Justice Shinn said in the majority opinion:

Parading a freakish hat before a jury could only be characterized
as pure exhibitionism . . . The artistic creation that would add
to the beauty of a garden party would be, in most cases, entirely
out of place in a courtroom. People v. Rainey 36 Cal Rptr. 291.
294 (1964)

Fourth, a few courts considered personal appearance standards
in relation to contemporary community or societal standards. Where
change through time conflicted with promulgated standards, courts
generally cancelled sanctions. Justice Gabrielli, for example, while
referring to the skirt length of a female attorney, said in the
majority opinion:

Whatever may be one's personal judgment as to the propriety of
petitioner's dress, we are compelled to conclude that it has
become an accepted mode of dress, not only in places of business
or recreation, but, to the consternation of some, in places of
worship. Peck v. Stone 304 N.Y.S. 2d 881, 884 (1969

Fifth, in determining whether imposed sanctions were necessary
and justified, many appellate courts examined the behavior of the
individual and the court standards, as well as possible cultural,
social, and ideological biases of judges and jurors. It was held that

idiosyncrasies of judges and/or jurors should not govern court rules,

practices or decisions. Mr. Justice Douglas. referring to the possible

91

bias against beards which may tend to influence jurors, said in his

concurring in part and dissenting in part opinion:
The prejudices invoked by the mere sight of non-conventional hair
growth are deeply felt. Hair growth is symbolic to many of re-
bellion against traditional society and disapproval of the way
the current power structure handles social problems . . . For
those people, non-conventional hair growth represents an undes-
irable lifestyle characterized by unreliability. dishonesty.
lack of moral values, communal ("communist") tendencies. and the
assumption of drug use. Ham v. South Carolina 93 S. Ct. 848,
860 (1973)

A similar issue was presented in a case in which a judge re-
quested a Roman Catholic priest, who was also an attorney, to remove
his clerical garb when he assumed the role of attorney because of its
potentially persuasive effects upon the jury. The priest, who had worn
his clerical garb in other court proceedings, without comment, but not
in the presence of a jury, stated that his religious superiors and
client expected him to appear thusly garbed. His appeal was based on
the grounds that the restriction violated his right to religious free-
dom. The appellate court held that the right to a fair trial outweighed
the right to wear his clerical garb before a jury. The majority opin-
ion written by Chief Justice Breitel states:

A clergyman is accorded high status by most members of our
society. Whatever the character of the man or woman who wears
the cloth, the cleric is accorded a measure of respect and
trust unlike that which is given to those of other vocations.
LaRocca v. Lane 338 N.E. 2d 606, 613 (1975)

Due to the formal status held by courts in this country, per-
sonal appearance may well impact the attitudes of those present in the
courtroom to some degree. It is perceived, however, that the intensity
will be minimal unless other procedures and rules totter. Dobbs,

“Contempt of Court . . .", 56 Cornell L. Rev. 183, 201 (1971)

€72

 

.mece ecu mcweee uceeu

ceez mewwwcewm empu aw
.ew—eeshm mu: eceen ecu cew
mcwmwc epwez .ceweuucwcw
euueeewue Eoecuceeu

.eeceecem hue hecwee cee we
mceee e3» ee>cem euc heeccex
ecu euceucem hue ceu cee we
mceee ceew ee>cem eue ece—u:
.emeen ece cew emwc ee
eemewec heee emeuuee uceee
we ueseucee cew eeewe ece:

eeecuceeu pecuceu
e» emeen we cezec

mpueee<

 

mmm~ .»pu

we.
ece—u:

 

 

 

eep—ww—ew eceEecwwceu .ceumwm uwpeeuuu cuEem u mu: .umm_5mwe we eceeu .m.: euece .> cemeem .—em
cw uceem heuecpu eew» see: we ece .mceuueeeem eceee we eeeeeceu .uewcemwo .m.= cew emwm .xu meuuem eeuwce
.eeP—eucuu mu: cue ecu meme .».z
uwuwpexe hpucewuwwwem .cewueecmwe u ensue
uec ece: mucesecweeec uec ewe .eecx cee e>eeu
euece .mceece wwe heee ee meeucw e>ww mu: euwex .ecwxm eeecuceeu .ececeu A.>we euu_—eee<v
eceee ece: whecceuuu ecu ce: =.euuwceeceeu ecu eu emeen we cezec eEeceem .».z
eeecuceeu ece cw cew>ue .»ucewuce>ceu .e—euuwem= 1 1 1 1 .AEce» —uwueemv
1ee —ecuceu eu huwceceeu mu: ecwuuu cee pwuce uceee ceece m.emeen puwcu eeeceem .».z euecee va
eue euece eeu emcee» ce>w eecw eeccue mu: hecceuu< euueue eu ceweu< .huwu .».z ucwxm eceum .> x9e;
.mceece wwe heee eu ucee .ww—uu
eceee ece: whecceuuu ecu
seecuceeu ece cw cew>ueee
pecaceu eu huwceeueu
ea; eeuau .»uu umcwc ece
ce cce: uucu cue» meeeuwem
1ceu eces mu: hue eceuem .mcwhcu mu: ecm emuu ece
ce cce: uu: .mceeecw we cewmwuee ecu eeuweeeece seecuceeu pececee
uue eeu mcwcuez cw ee>cem uue ueeeu cewmmeumwe uucu e» euece we cezec
mu: emeecee cuwcuuwpwue ez ee>weucee .mcecen uuucumwe 1 1 1 1 mpueee< we .uu
.puwca sec u ucuccux uec hue cows: uue u mcwcuex —ummwsmwe newcumwo .wwpuu hwy
ewe uue e>esec e» umeeeez cew eeecuewceec .hecceeu< cewueuemece .ucwswcu .cewceeem .wwpuu cu: hecwum .> e—eeec
cewmwuee we mwmum eemmw cue» .euuum
cewmwueo meeuw 1 1 Mewpem —e>ee uceeu eucucueee< .xem .esuz

In..l“1o.g NH“ 1'1“ I17“ "1“ "In“.n“ I." w ”.11

1v I.

u .

1|:h11ll..|l¢.

IIIII "44811184!

afihfidnflladudnuun1ukdll

1. 1

”3&1! I Jrfihgdafl“ “I; I-

.cecuesee seececeeu11.e epeu»

€73

 

 

 

 

 

1 4!" r" “1‘13.“ Ruling-"F“ .1.

.uewuce> .uwcu ueueewwu ucee e m
e>uc hue uucu meewesnece
.memuwe ecuee ce puweuc epew
ecuee useeu h—uuewwweeem 1euec useeu ececsn cewumese puwcu cwuw
uec use eeweshece uec ewe emesn uuwcu ecu 1ucesecee< cueu awcucewuceev
useeu cewumese pucecem ensueee cwuwcs mu: cewuew> 1 1 1 1 esecesm .m.= Axe
ucecsn emu eu eecwseec mu: 1cee osce mwc uucu eesweecee pummemwe .eeecesm .e.m ucwpecuu cusem
emesn puwcu .eeumeseec we cexce: mucewm pwswu ceupm cewuseemecc _ucwswce .euuum .u.m ecuem .> Eu:
.cewuescmwe u ensue uec ewe e: uwmu .wwpuu
=.uesecee e>wmcewwe he eeuee
.ecec:em—e eeceep ecu mcwecsumweg cew eeceu
e>uc epsee hecu .e>wmcewwe 1cee hue hucwcu u ee>weeec
uw ecsew mceecuumhe we e: .Eeecucsee ecu eeceuce
.mece: cu—sewucue we ems ec cec: Ecu mwc ce>e M—ueeeuv
ecu euuceuw—ee uec e—see u. use ecu uw eesesec .eeec ceeeem we Eeeeecw eeec sm .m.=
:u— euuum .ueceue ewum 1ucsee ecu eewmuse mcwecuum 1uceEeces< umu .esecesm .wwpue
we mcwcue: ecu mmuesee e—wc: ceue ecu ce ceuuwc: 1 1 1 1 .m—uece< Auwuca Axe
1ce uec ewe :u— =uesecee =uwuce ec» eecw: cuw: ueceun pummemwe we ucsee .wwpuu ec» xeswv uwcceww—uu
eswecewwe= uwcceww_uu u ece: ec: .ucueceweo cewuseemece .ucwswcu ._uewewcsz .wwuuu uexeue .> ceceu
.cwuc mwc use ec mu ceem uwmu .cc<
.ucsee euuP—eeeu mu eeuww— ee epse: eeceucem
cu cw ecuec ceee ce>ec .cwuc mwc use eu wumswec seecucsee pecucee
euc ecsuuc uucu we esmmw cew eeceucem hue ceeuwww eu emesn we ce:ec
c< .ucsee ecu ucecwwu u ceswa ecu ucsee we ucseu 1 1 1 1 sz
ce cewuescmwe u emsue 1cee cew eeuwe mu: .cuwewmse pummemwe esecesm .xc< muceeex
eu ecsew uec mu: cwuz uucewmeewece u .mmecuwz ucsee we ucseucee .uwsecwu .cc< usecwuz .> :ecce:
.ucessee usecuw: muu—ww cue: oweu .ez
.eepueecue mu: cewuuuwe eu swc eeuuwscee euc memesn
.ecewececw .hu:hcu cecuo .cewuescmwe u ensue
eesmew ceee esuc hueueece uec ewe uu .ucsee we unceu eeecucsee uecucee
epse: cewuuuwe uceeu 1cee cew eeuwe mu: .memee eu eaesn we ce:ec
1cee .mwew—ee esewmw—ec 1cse msewmwpec cew ece: ec 1 1 1 1 e—ueee< Mmuupwwv Axe
mwc cwuuexe eu ewc cewc: muu—ww mwc eseeec eu _ummwsewe we ucsee .ez cwce>eu euuum
ee:e»—u emesn euc cesm eemswec ec: .ucuecewee ceuum ucsee we uceeuceu .—ucwswce .e: eue: .> cu—pwze:
cewmweee we mwmum .
a... ---- see... .e. we...“

ucasom wewpea

114. 1

ulhnhlh1i.*1flhll|~‘”u

0111-.“ "in" rl... In“:‘ld..‘l1]~1uln.l(1.fl.hun "In“ M ““31“.“ giln‘laxulz “JUN

.uescwucoe--.u eceuw

94

 

 

 

 

 

.cewuescmwe u ensue ewmu .e.z
uec ewe eecucueee< .ceccus
ecu. cw cueeeu eu whecceuuu
e_ue eeuuwscee e>uc uec epse:
.epeueecewcecs emese =.ecwuuu eeecucsee hcu .
ecu euece eeu mu: =ecwuuu 1Eeumse= cue: eu uumswec cew eeecucsee uecucee
seecucsee hcuEeumsu= cm» eecww ecu ucsee we ueaeu eu eeesn we ce:ec
.cewuuuwe ucseucee 1cee cew eeuwe mu: .emseue 1 1 1 1 A.>wo euupueee<v emsepm va
ucuccu: uec ewe cew>ucee ceece cuw: ceuue:m ecu meeu—m pummwsmwe eseccsm .e.z ceez ceeo e_cuuee
ecu eecucueeeu m.hecceuu< hucm ece: ec: .hecceuu< ucsee we ucseuceu .cewceesm .e.z .ceuue:m we ceuuuz
.cewmw—ec we emwecexe eecw eu mwmu .».z
ucowc mwc eemewceu umeseec
.cewmwpec we emwecexe uucu ee>weecee e: .mcecsn
eecw eecewe:use uuwcu eecespwcw eu eceu hue cewc:
cwuw u cw umeceuce .mcecsn ecum mwc esesec ec uucu eeecucsee pecucee m—ueee<
we mecws eehu:m e>uc eeumeseec ucsee ec» .»uwcu eu emesn we ce:ec we ucseu .».z
hue ecwuuu cesm .mcwcue—e hcsn u uu ucew—e u ecwu 1 1 1 1 .».swe euup—eee<v
cwecu cmseccu epewmw> 1cemeceec ecum uuewceue mwc mmece eeecesm .».z
.msewmw—ec eu eeusewcuuu ece: .umewce ew—ecuue cueem mcwecueec ceece .eEecesm .».z ecuo sz
eecuewwwcawm ecu eu ese u empu mu: ec: .hecceuu< uwewcece eu cewue< .»ucwswcu .».z uuewce—u ecue .> ueeexue
.uceEcee usecuw: mum" .u—w
memesn cecue ecewee eeecum
.ewu ecu ueceue h—mscu eecueceu euc e:
u ceee hp—ucewuweucu .ewu u cue: eu swc ecwcwseec
euc ecwuuu eeecucseu ceece cu heee eu mcwmswec
.mceece m.emesn heee cew eeceucem hue eeccu u seecucsee pecucee
eu eeueeexe ece: whecceuu< ceswm ecu ucsee we ucseucee eu emesn we ce:ec
.mecuecuum euece eu Ecewcee ueecwe cw epec mu: .uwsm 1 1 1 1 eEecesm .upw sz
eu whecceuuu ecwseec euwc: ecu eeu—xeec .ucwcm pummwsmwe .uewcumwe .uuw euuum
eu huwcecusu euc eoese uceem u ece: ec: .hecceuu< ucsee we ucseuceu .uwsecwu .upw ew» .> secumecum
.38: e; a: :2 .3.
.ueceue mcwcwseec eeee mmece seecucsee uecucee
.cewuuuwe ucseucee ucuccu: ucsee cuw: h—esee uec ewe eu emesn we ce:ec Axe
uec ewe eecucueeeu hecu ensueee ucsee we ucseu 1 1 1 1 eceu—m ucsee
.mucuecewee .»cummeeec 1cee cew eeuwe ece: .eemmece uummwsmwe eeecesm .:.z .eww uewcumwe hecwwue
ece: me—sc ucsee euwcz hpuuec ece: ec: .mucuecewee ucsee we uceeucee .uewcumwe .:.z .ueceue .> cew>emcex
cewmweeo we mwmum esmmu cue» .euuum
cewmweee mueue 1 1 1 1 pesee ucsee eecucueee< .xem .eEuz

.nlnnuhnqflflflllhuhlu1fluauuqunuflr“ u,“l,. and « .II1 l..| n 1. .14 u a. .11 n u.‘ «‘1NIAAINI- n | 1

4141flidthI8v|p

ueesom cew—ex

uhwflN1hn

. o.- u‘ :4 1.0..lo..1l.i1.“ u thIhJ. u .1!» 31

aldvu.u.j I ‘ A ~E“‘fl 31511.13!" :

.uescwucoe1-.e ecsew

‘95;

 

.e>uc uec ewe mcecue

cewc: ucewuewcumec cwuucee
euc .ucsee cw mcwcueceu
.mhecceuu< .cewsucee ecu
eecucueeeu cwecu eeP—ocucee
euc mucsee .hF—ucewuw

1eucw .mhecceuuu ce eeee
euece e—eucemuec emeesw

.ecwuuu mmecwmse
eswuuscemcee cw cueeeu

eu eecwscec ece: whecceuuu
e—uEew .mcecsn eecesuwcw h»
1e>wuumec hue ewu ecu uexeun
uucu ee>weecee e: .ewu ecu
ueceun cue: eu mcwmswec cew
om» ecu .mm» .oou» eecww ecu
meswu eeccu ucsee we ucsee

l“:: l

eeecucsee pecucee
eu emesn we ce:ec

—ummw5mwe

ommu ucmup<

Ace

eEecesm uxmup< eww ucsee uewcumwo

 

 

 

 

eu huwcecusu euc ucseu 1cee cew eeuwe mu: hecceuu< ucsee we ucseuceu .cewceesm ucmup< .ueceue .> cuEeewcw
.ucsee .meecm es eeccsu owau .cew:
eeecesm cumwcewz ecu ecu .mcee—uucue .cue»e .New
he :ewsec mcwecee emue eec u ece: mmecuwz .ecwuuu .uwcu cwuw
.puwcu cwuwcs cu cw u_smec m.mmecuw: useeu mmecuw: 1uce5ecee< cuuu eEecesm .cewz
uec ewe use hpeeemcs ceupe u eu eeue mucessee we 1 1 1 1 .mpueee< Au:
ece: muceeeee uucu eewsc ensueee cwuwcs mu: puwcu mwc pummemwe we ucsee .cewz Acmeeeuwv cceemeu
m—uece< we ucsee cumwcewz uucu eesweecee ucuecewee cewuseemece uucwswce ..uwcw .cewz uu: .> eweeec
.cewuescewe mwmu .u—u
u ensue ewe eecucueeeu
aw: .eeceucem hue hucmwe
ecu eececsc1ece u ceswm ecu
ucsee we ueEeucee uucwswce eeecucsee Fecucee
.epeccs ueecwe cew eeuwe mu: e: eu eeesn we ce:ec
mu: eeceucem .ucsee .eeec ecu eecw eesesec ecu 1 1 1 1 sz
ecu uescmwe eu cewuceucw eemmece mu: .Eeecucsee ecu _umm_Emwe euup—eee< ..pu mcw—peu
m.ucuecewee mu: uu cw eecuc uum ec: .ucuecewea ucsee we ucseuceu .uwsecwu .»uu huwesz .> epeeec
.cewuescmwe u mwmu ...c
.ucecewwwe ensue uec ewe eecucueeeu
ece: ece: we emums hcuce ce: .ucsee ecu we huwcmwe
1ceeucee ecu pucewuweuc» ecu eeecewwe ecm .eeceu
.cewuuuwe uceeucee ueecwe 1cee hue eeccu u ce>wm ecu Eeecucsee pecucee
ucuccu: uec ewe ceuuu ucsee we ueEeucee ueecwe eu eaesn we ce:ec
1eeem we cew>ucee .ecwuuu cew eeuwe mu: .ucecw ecu ce 1 1 1 1 Aceuwm
coocucsae euuwccoccau .euece .euece. cuwc ucee“ cummccmwu asap—eeec ..." .cuuwuc cc.
uec mu: ucwcm cmsecu ce>“ 1u u ece: ec: .ceuuueeem ucsee we ucseuceu .uwsecwu .».w ucwcm1» muuu: .s e—eeec
cewmweee we mwmum .
cewmweee mueuw 1 1 1 1 weseu ucsee eecwnwwme< cmwwm wwhwm

.1I1I“”hl"l‘l.”..fl»flfluflflni ”din"

1 I O .. a .

1Mln.4

ucmsom wow—ea

. 1 . 1 n1llllll.W'. 1| "'11-‘11".‘Di u

u "Ada 1‘1...“ u ”lulu” flll‘bilh.r.OJ.14:h‘“*uiqnn.rulxl114uj‘31“l”1

.eescwucoe1-.u e_euw

96

Prisoners

Prison Garb in the Courtroom

One constitutional guarantee is the fundamental right to a fair
trial, and inclusive in that right is that no aspect of that trial.
including one's personal appearance either in civilian or prison
clothing, be unfair, prejudicial, or a denial of one's presumption of
innocence. During the trial, the prisoner is entitled to appear
" . . with the appearance, dignity, and self respect of a free and
innocent man. . . He is therefore entitled to wear civilian rather than
prison clothing at a trial . . .“ 21 Am Jur 2d. Criminal Law 239
A trial in civilian clothing, however, is not an absolute constitut-
ional right; the accused has the responsibility to establish the
prejudicial effect of his demeanor. If he is unable to do this, the
court holds that no adverse effect resulted and that his fundamental
rights were not violated. If the evidence in the case was overwhelm-
ing, such as a confession by the accused, the impact resulting from
his appearance in prison garb is considered harmless, even in the
presence of a jury. In appellate hearings, it is the duty of the state
or prosecutor to prove that the prisoner's attire was harmless, beyond
a doubt. When a prisoner does not object to his appearance in prison
garb at the time of his trial, he may not, afterwards, claim error.

TWelve cases were located in which either marked or unmarked
prison clothing worn during the trial was perceived by the accused to
have negatively impacted his right to be presumed innocent of a crime

until proven guilty (see Table 7).

97

The courts have generally held that compelling a defendant to
wear prison clothing before a jury denies presumption of innocence.
Prison garb may influence the minds of jurors in one of two ways: it
may create sympathy for the prisoner, or it may infer guilt. It may,
however, have no effect. In a non-jury trial, the decision should not
be influenced by the defendant's clothing, but this may be dependent
upon the norms and values of a particular judge.

While the decisions in these cases did not establish that
prison clothing worn during a trial necessarily impacted trial decis-
ions, it was recognized that there may be a causal relationship.
Because of this possible causal relationship, procedures were available

to safeguard the rights of the accused.

Prison Inmates

Four cases were located in which prison inmates perceived that
they were unfairly treated by prison officials. The 1879 case, the
oldest case located, is a prime example of an ordinance which was ex-
pressly directed toward one segment of the American populace, the
Chinese, at a time when they flocked to the American shores and sur-
vived at a subsistence level. They brought with them their religious
beliefs which included the wearing of a queue by Chinese males.
Cutting the queue meant degradation and suffering after death. Ho Ah
Kow sought and won $10,000 because his queue was cut while serving a
five day sentence for living in over-crowded conditions which violated
a San Francisco health ordinance. It was the customary practice to

cut the hair of those incarcerated to within one inch of the scalp.

98

This practice was to promote discipline, and only incidentally,
sanitary conditions. Prison officials stated:

The close cutting of the hair . . . like dressing them in

striped clothing, is partly to distinguish them from others.

and thus prevent their escape and fascilitate their

recapture. Ho Ah Kow v. Nunan 12 Fed. Cas. 252, 254 (1879)
The court held that since this practice was not necessary for an
individual serving a brief sentence, the act was "malicious" and
"wanton cruelty." The opinion continues:

Probably the bastinado, or the knout, or the thumbscrew,

or the rack, would accomplish the same end; and no doubt

the Chinaman would prefer either of these modes of

torture to that which entails upon him disgrace among

his countrymen . . . Ho Ah Kow v. Nunan 12 Fed. Cas. 252,

255 (1879)

The remaining cases, mostly hair restrictions, revealed that
where individuals had been convicted and sentenced, prison personal
appearance regulations outweighed personal rights. In one case where
defendants awaited trial, personal appearance regulations were not as
stringent. Discipline, health, personal image, and the prevention of
theft and conspicuous consumption appeared to be the major reasons for

promulgating personal appearance regulations in prison.

99

 

 

 

 

 

 

eeceeeccw ewmu .xe»
.eswce eu eemmewcee we cewuessmece
heuec—u euc cecemwcc 1uceEeces< cuuu
.eeceeeccw we cewuessmece .»uwcu hcsn 1 1 1 1
eewcee ecum cemwce uucu uu ecuo cemwce cw cueeeu cowuewscee euuum uewcumwo .m.: ecuo Asv
cew—euume uec ewe cecemwce eu eeppeesee mu: cecemwcc ceuwu msecee mueeuc .»uwc» .xe» cemwcc euem .s puscucux
eeceeeccw wemu .u»
we cewucEsmecc
.»csu u ecewee -ucecucecc cue:
eeceeeccw we cewuessmece .»uwcu hcsh 1 1 1 1
eewcee ecum cemwcc uucu uu ecum cemwce cw cueeeu cewuewscee euuum uewcumwe .m.: ecuu sz
cew—euume uec ewe cecemwcc eu eepueesee mu: cecemwcc ceuwu mseceu mueeu: .uwsecwu .u» cemwce ceuhec .> mpuuwe:
puwcu cwuw wemu .uc
.eeusn -ucecucecc cues Ace
.eeesn u ecewee u ecewee puwcu uu ecum 1 1 1 1 .ueeo
eeceeeccw we cewucssmece cemwce eeccue cw cueeeu ucwupesee ecuu eewscem —uweem
hcee uec ewe ecum cemwcc eu eeupeeeee mu: cecemwcc ue< mucewm pwswu uewcumwo .m.= cemwcc .> meuuum eeuwce
”.ueaac cums .xew
.eecuumwmmu eswueewwecw .ecue .uwcu cwuw we ucseu .m.:
esum pemcsee .hcsn u ecu eu ueenee uec ewe 1uceEeceE< cueu .uewcumwe .m.=
ecewee eeceeeccw we cewu —emcsee mw: ..uwcu hcsn 1 1 1 1 .m_ueee< uucwswcu sz
1e5smece eewcee e>uc hue u uu ecue cemwce euwc: cewuewscee euuum we ucsee .xe» ecuu muxe» we
mwwseecuc ecu ecum cemwcc cw eecueeeu cecemwcc ceuwu mscceu mueeu: .»ucwawcu .xe» cemwcc euuum .s eceecm
.cus eecw ecu uceeeccw .eeueewee .uwc» cwuc eceu .eueu
cu mu cueeeu eu ee_uwuce ec cesecu cese puwcu -uceseces< cueu
mu: cecemwcc .eeceeeccw hcsn uu m—puce>ee eeewcum 1 1 1 1 Aecue cev
we cewucssmece eewcee .eeccue cw cueeeu eu eeuuee pummemwe esecesm .e_ou ecuu sz
e>uc hue ecum cemwce 1cee mu: cecemwce ceuuu cewuseemece pucwewcu .uewcumwo .e—eu cemwcc e_eeec .> heeum
cewmweeo we mwmum esmmu cue» .euuum
cewmweee mueuc 1 1 1 1 _e>ee ucsee eecucueee< .xem .eEuz

ucesom wewpec

u an uh.” «J 124 .J «414 Yoda-I.u1,4 uuuu .u ”Q1114Jucflua<f11u1u|.1ul4ldl.4uj1411l1|11u741u3

.Eeecucseu ecu cw ecuu cemwcc11mcecemwcc11.w e—euw

113C)

.eswce
eu eemmewcee heuecpu euc
cecemwcc .hcsn u ecewee
eeceeeccw we cewuessmecc
hcee uec ewe ecum cemwce

.Fuwcu hcsn
uu ecue cemwce cw cueeeu
eu eepweeEee mu: cecemwcc

eeceeeccw
we cewuessmecc
1ucesecee< cuuu
cewuew>cee euuum
ceuwu msecee mueeu:

uewcumwo .m.=
.»uwch muxew

mwmu .xeh

 

.heeuucum Fuwcu

mu eems mu: uw wwe—cs
eeceeeccw we cewuessmece
eewcee esuc hue ecue cemwcc

.cewueeneo usocuwc
—uwcu hcse uu ecue cemwce
eeccue cw eecueeeu cecemwcc

eeceeeccw
we cewuessmecc
1uceeecee< cueu

cewuew>cee euuum
ceuwu mseceu mueeu:

we ucseu .m.:
.uewcumwo .m.:

 

.mecue—e cuwuw>we

cew epeupwusu uec ece:
mecsw ww ce>e eeceeeccw
we cewueEsmece eewcee
e>uc hue ecum cemwce

.eeueenee pemcsee ecu puwcu
hcsn uu ecue cemwce hucm
.eeccus cw eecueeeu cecemwcc

eeceeeccw
we cewuessmecc
1ucesecea< cuuu
cewuewscoe euuum
ceuwu mscceu mueeu:

we ucseu .m.=
.uewcumwo .m.:

 

.hcsn u ecewee
eeceeeccw we cewuessmece
eewcee ecue cemwcc

.cewueenee usecuw: ..uwcu
hcsn uu .meecuecse ecu
ucwcm1u euwc: .ecum cemwcc
eeccue cw eecueeeu cecemwcc

eeceeeccw
we cequEsmece
1uceEecee< cued

cewuew>cee euuum
ceuwu msccee mueeuz

we uceeu .m.=
.uewcumwo .m.:

 

.mecue—e
cuw—w>we eew>ece eu
eecwseec uec mu: euuum
.eeceeeccw we cewuessmece
hcee uec ewe ecue cemwcc

.ceesue eu mecue—e
cuwpwswe eew>ece eu
eemswec euuum .»uwcu hcsn
uu ecue cemwce cw cueeeu
eu eeppeeeee mu: cecemwcc

eeceeeccw
we cewueEsmece

-ucecececc cue:

cewuew>cee euuum
ceuwu mseceu mueeu:

uewcumwa .m.:

Ace
epweumu .> meuum
eceu .u_xe

Ace

emuc .> uuu:
eceu .ucoc

Ace
um_ce .> »e_u=eu
eceu .xew

Ace

ouee
.> eeecucce:
eceu .uc

Ace

xoe .. ..u:

 

cewmweee

1*! HIJu1i‘YdTfl" Pdfl‘j 11 l. H 4|. .« 1 d 1‘. .1 a

mueuw

1|l.b.1l.”.ddlfl.u.fl‘1“li0.llfll..ni.llfl1A‘Iul11I

cewmweee we mwmum

usesom cew—ea

«lilléfllafl-IJ‘uuand‘i‘l‘.JJ‘-.I”HJ1HHNUH

Fesee ucsee

cue» .euuum
.xem .ecuz

» a '.“ld10 W n43.”nl..~d Q‘Inlv‘j ‘lfln‘ldll "I‘ll...-

.ue==.u=oe--.c e_euw

11)].

 

 

.memeecse emusw uucemcee eweu .u—w
ecu hcuuwcum cew eeeceucw .musecwuc cewueeuece .useu
ece: mews: .mucewc e>uc ecu cee: u meewu -ucesecee< cuuu mpueee< sz
m.cecemwcc eecwcwcw wucesem e>ucm eu eewpeesee 1 1 1 1 we ucsee .m.= e>ucm ucmwc:cwu3
uec ewe mcewuu_seec cemwcc mu: cecemwce ceuwu memuEue cew cecue< .uewcumwe .m.: .usecwu: .> eceecm
.eecuewwwcmwm msew mwmu .ww—uu
-o__ec ea; ceccs .wuue_a
m.cecemwce wwe use cee cewueeuecc pusee
.ceshcucsee mwc 1cu: .eeceucem hue esww u ecu mmeeece ese
we ucecw cw eeeucmmwe ee ecw>cem epwcz .eecucwece 1ucesecee< cue"
cucu ecsuceu we ecuee cecue cupuec eemwecucw cum eeuu 1 1 1 1
hcu eeccewece esuc e—se: 1—ew> cewc: .eeec eee:ece memuEue .mcewuupsmec sz
hweueecc e: =.hu_esce 1ce>e cu cw ecweeewm cew cemwce umcwumu Aesesov cucsz
ceucu:= mu: usecwu: eeumeccu mu: ewue emecwce cewueu mucewc pw>we uwsecwe .ww—ue pwu» ewe .> :ex c< e:

 

meuuscu cemwcc11ucecemwcc

 

 

 

eeceeeccw ewmu .xe»
we cewueEsmecc
.cewueenee 1ucesecee< cueu
.hcsn u ecewee eeceeeccw usecuw: puwcu hcsn uu 1 1 1 1 sz
we cewueEsmece eewcee ecue cemwce eeccue euwc: cewuewscee euuum uewcumwe .m.= ecue euem
esuc hue ecum cemwce cw eecueeeu cecemwcc ceuwu mseceu mueeu: .»uwc» muxew cemwcc .> me—se .um
eeceeeccw mwmu .uc
we cewuessnecc
..uwcu hcsn u 1uce5eces< cueu
.hcsh u ecewee eeceeeccw uu ecum cemwce eeccuscs 1 1 1 1 mpueee< As.
we cewuessmece eewcee c:ecc cw cueeeu eu cewuewscee euuum we ucsee .m.= ecuo hu—cewcm
esuc hue ecue cemwcc ee»_eeeee mu: cecemwcc ceuwu mseceu mueeu: .uewcumwe .m.= cemwcc .> euwuo
cewmweeo we mwmum .
cewmweee mueuw 1 1 1 1 wesee ucsee eecwnwmwc< cmwwm wwmwm

,411Jjju.w‘1fi]uhud1.ull.u-1dh irdri. 1

...“..1AI

ugmsom cew_ec

1,11.1w1u .

an a .uduuwn .u. 1 define... "1.3441111..— 314.3.‘3‘1‘11‘1333P111J

.uesecucoe--.c e_euc

102

1' again 1. Ilnl,d1.ll1.~,n4111,h d|1|l 411141. 1

ufl‘vfl v.1. "411M

.huinfllwazudj. 114.414

4!.-1Jdlfiflfl«‘1d-rllu1.fllvlfidflunfi

1 1- 1' ‘1'. I Q “ ‘1'.-11I.4J C . «Ii ~4‘7‘4NJ“ N1! ‘VI. did n‘01113l.‘§3n

 

 

.mcewuewcumec euece» ewmu .xew
cwuc ec euc mcecemwce huceew— pucemcec
.epeucemueccs co »cucuwecu e—ueew .mesmmw cecue 1uceeecee< cueu
uec ece: meuusew ecu me—ue acesu .meceuumss ce ecuee 1 1 1 1
cew ecewuupsmec ucecewwwo ec ecu .mccseeewm eeuewcu uceeecwwcee puwcu m—ueee<
.mcewuewcumec cwuucee 1mec .cwuc ucecm e>uc eu 1ece we mcewuwecee we ucsee .m.= esucm Axe
eew—eew cewuuceecuecc ee—peesee ece: ececemwcc ucwmcep—uce cewue< .uewcumwe .m.= .usecwu: e—_eumm .> —_w:
.hu—emwe msesewcmcee cewueeuece —usee uwmu .cceu
ecu uwecu ceuee ecu mmeeecc eso
eu eeueuce mu: cewuewcumec .hcpe:en “cewewpec we Eeeeecw
hcwe:ee .cemwce ecu cue: eu eeuuwscee uec 1mucesecee< cueu .umu
cw eeumwxe nee—eece cwsces ece: ecu mcewuuwsmec cwuc 1 1 1 1
cc ensueee eeuuee Ewcu wwun :euwew eu eecwseec ecewuu—smec hc—e:ee Aw a zv
mwc cwuuec eu eeuqucee mu: ece: .uuwcu ecwuwu:u cemwce we uceeeecew .eeuuee cemcuz
.eeuew>cee ueh uec .e—uem .mcecemwce epusew ecu epuz 1ce umcwueu cewue< uuwcumwe .m.= .ecuem .> euuem
cewmweee we mwmue .
cewwweeo mueuw 1 1 1 1 wesee ucsee eecwuwwme< cmwwm wwmwm

danfl.HII1IIJIIII‘...naII.4I1u uuflv.in.fll..

ucosem wow—em

1.1.»..Mu1-JM1H H d

..1nI.“uh....u.UfiflMNNOJW'JIfl‘4401JNHM

u 11ndn1§ ”11d“ ’0‘ a «1.11

eecewucoe--.c eceuw

CHAPTER V

FINDINGS AND DISCUSSION

In the following chapter, descriptive statistics are presented

and discussed in relation to the research questions.

(Question One

What social roles and situational settings are identified in
appearance issues which enter the courts? In Table 8, social roles and
situational settings are identified and the number of cases located in
each category is presented.

Since an exhaustive search was not made of all categories, con-
clusions about the proportion of various types of categories must be
limited to this sample. Within this sample, the largest number of cases
were located in the Students category, but students also appeared in the
Symbols and Employees categories (see Table 8).

In the last twenty years, educational theories along with
student and parent reactions have witnessed a dramatic change in
America. Prior to this time, the years spent in the classroom were
highly structured and were perceived to be a time of character building
necessary for future pursuits. Rules were followed as part of expected
behavior. Parents more often supported school dictates, and when

problems arose, they were generally settled within the school setting.

103

104

Table 8.--Frequencies of Roles and Situational Settings.

 

.1—o.”

 

 

 

 

 

 

 

 

 

 

 

 

Social Roles Situational Settings N Col %
Symbols: 19 11.5
Government: N.A. On public streets. in pub-
lic buildings, in shopping
center parking lot
Group Membership:
K.K.K. Members, On public streets, on
Nat. Soc. Party Members private property. in
public park
Students: Grammar, Junior High, In classroom, on school 39 23.6
High, Junior College, premises, in school bus
University
Teachers: 20 12.1
Religious: Roman Catholic In classroom
Sisters and Brothers
Lay: Junior High. High, In classroom
Junior College
Employees: Executive Secretary, In work place 31 18.8
Probation Officer, Nudist,
Army Reservists, Bus Driver,
National Guardsman, Clerks,
Baggage Clerk, Switchman,
Flight Test Engineer,
Policemen, Firemen,
Technical Serviceman,
Shoe Salesman, Stewardess,
Food Processor, Craftsman,
Bank Employee
Entertainment and Recreation: 0n public streets. in 25 15.2
Bathers, Sunday Strollers, public park, on private
Nudists, Actors, Designer, property, theatres, bars,
Promoters, Dancers, Hippy1 lounges, beaches
Managers. Proprietors
Courtroom Demeanor: Attorneys, In courtroom, corridor 15 9.1
Priest/Attorney, Defendants, outside the courtroom
Witnesses, Spectators
Prisoners: 16 9.7
Prisoners: N.A. In courtroom
Prison Inmates In prison
Total 165 100

 

105

It is speculated that the majority of personal appearance cases in-
volving students which were taken to court prior to 1965 were not heard
by the courts. The findings of this study indicate that it was not
until the last two decades that an increasing number of students and
parents began to publicly question rules established by schools. There
were a number of reasons which contributed to the rise in the number of
personal appearance related cases entering the courts during this time
frame. They included: changing attitudes of parents which permitted
the questioning of authoritarian influences of the school; a more open
structure within the school which affected student perceptions and
reactions; growing popularity of youth fashion trends; and, more liberal
thinking regarding personal appearance selection which resulted in
courts hearing more cases of this nature.

The smallest number of cases located was in the Courtroom
Demeanor category. The courtroom setting, like schools, has tradition-
ally had a formal, structuralized framework but the findings of this
study indicate that prescribed personal appearance rules were challenged
less frequently in the courtroom. A number of contributing factors
explain why fewer cases were located in this category. First, courts
are not a part of everyday activity patterns for the majority of people.
Second, although people are aware of the symbolic nature of courts, they
are less familiar with the legal mechanism and are more likely to be on
their best behavior, including their personal appearance selection, in
a court of law. Third, the purpose in taking a case to court is to win
and neither plaintiffs nor defendants want to jeopardize their chances

by presenting a personal appearance which may be perceived as

106

inappropriate by a judge or jury. Fourth. courtroom personal appearance
standards, generally established by the presiding judge, do not hold
constant in all courts.

In seventy-five or 45.5% of the total number of cases, disputes
regarding personal appearance appear to be occupational related, with
examples appearing in the Teachers, Employees, Entertainment and
Recreation and Courtroom Demeanor categories. Since most peOple work.
it is probably not surprising that this number of cases deals with the
work environment. For many years, society has set limits on acceptable
personal appearance in a public setting and these limits have frequently
been challenged. More recently, restrictions and sanctions applied by
empldyers who imposed personal appearance standards on those in their
employ have also met with resistance. Several factors account for the
lack of cases located in work related categories prior to 1965. Per-
sonal appearance was less varied and, therefore, better understood.

Employers set expectations and little deviation occurred.

Question Two

Will personal appearance issues which are brought to court
indicate that change in dress and adornment is more readily accepted for
women than fer men? Table 9 shows the frequency of personal appearance
issue regarding hair and clothing, by sex.

The data indicate that overall. cases involving males appeared
three times more frequently than cases involving females (see Table 9).
An overwhelming 96.9% of the hair issues were raised by males.

Clothing issues were likely to be raised by both sexes. Within the role

107

Table 9.--Summary Frequencies of Hair and Clothing Issues by Sex.

 

 

mmz—t—J‘fiz_ -‘ ' - "' H‘.—_ 1 —.*.-M-==m--_:—..

 

 

...—a: 3-3::

 

 

 

 

 

 

Males Females Both Totals
Issue
N Row % N Row % N Row % N Col %
Hair 63 96.9 1 1.5 1 1.5 65 39.4
Clothing 50 50 30 30 20 20 100 60.6
113 68.5 31 18.8 21 12.7 165 100

 

and setting categories, specific appearance issues are enumerated by
hair and clothing subdivisions fbr each sex (see Appendix B-l). Persons
involved in the categories of Symbols, Students, Lay Teachers, Employees
and Prisoners were predominantly male, numbering 101 of 117 cases or
86.3% of them. A noticeable number of females did appear in the
Religious Teachers, Entertainment and Recreation, and Courtroom Demeanor
categories.

The frequency of hair and clothing issues varies by category.
Clothing issues comprised the total number of cases in the Symbols,
Entertainment and Recreation, Religious Teachers, and Prisoners in the
Courtroom categories. Clothing issues predominated in the Courtroom
Demeanor category. Hair issues dominated in the Students, Lay Teachers,
and Employees categories where hair issues were two and three times more
numerous than clothing issues.

From the "clean cut" look of the 1950's, the following decade
saw an abrupt change in hair lengths and styles, and facial hair treat-

ment of many men in America. Reasons for these changes included

108

political, racial, religious, aesthetic and moral statements, as well as
the desire to be in step with the latest fashion trend. While changes
in female hair styles have always been more common, these changes for
men generated a great deal of controversy, resulting in many men going
to court for relief from restrictions.

Changes which were not automatically accepted for and by females
between 1965 and 1980, also appear in cases, for example, shorter skirt
lengths, slacks, pantsuits, and career uniforms. While bare legs were
common on beaches after 1930, short skirts which exposed more and more
of the female leg were not accepted by everyone in more fbrmal settings.
Skirts had never been so short and many people reacted to this change.
Reactions often included moral overtones. Prior to the late 1960's.
slacks had been worn by some females for leisure wear but not in schools
or work environments except during World War II. For some after this
time, the wearing of slacks meant the lessening of femininity and role
reversal. For others, it meant comfort and style. Career uniforms
became more common in the 1970's. They were welcomed by some females.
Others. however, did not react favorably to them because they meant
sameness of appearance, absence of individuality, and mandatory costs.
They were perceived unfair especially in situations in which male em-
ployees were not bound by the same requirements.

The researcher concludes that personal appearance issues which
are brought to court do indicate that change in dress and adornment is
more readily accepted for women than fbr men in certain roles and
situational settings, such as in the classroom, places of employment

and other settings in which the law has not been broken. This

109

perception is based on the findings appearing in Table 9, together with
statements made by male litigants appearing in a number of the opinions
to the effect that changes in aspects of female personal appearance

were permitted, while aspects involving males were not.

Racial Classification

References to "Black" individuals are made in Tables 2, 3, 4, 6,
and 7. Racial classification was not specified in the majority of the
Opinions. In one instance, a 1946 Colorado case involving a prisoner
who appeared during his trial dressed in prison clothing, a factual
statement about his race was made but this did not appear to influence
trial proceedings or the decision rendered. (Appendix B-2) Of the ten
cases which were based on a racial basis, black individuals sought
judicial determination of personal appearance restrictions. sanctioned
by school administrators, employers, and prison officials. The premise
was that the personal appearance issues, mainly hair lengths and styles.
facial hair preferences and head coverings, were more predominant among
a particular race and should be permitted as part of the norm and/or
religious beliefs held by that race. Cases were predominantly brought
by black males, with earlier cases originating in the South.

An interesting facet surfaces in these findings. While the
number of cases utilizing a racial classification is small, merely 6%
of the total number of cases, the cases occurred in the 1960's and
1970's. It appears that the cultural climate of the era that witnessed
the Civil Rights movement was a factor in the appearance of these

issues in courts of law.

110

Question Three

What formal sanctions, if any, are applied before personal
appearance issues 90 to court? Table 10 consolidates information
regarding the more commonly applied sanctions. Including the most
commonly applied sanctions and other types of sanctions, 132 cases or
80% of the total number of cases reported that sanctions were applied
by individuals or law enforcement agents.

0f the more common sanctions appearing in Table 10, individuals
in the Symbols and Entertainment categories were more often arrested
and convicted; students were more likely to be suspended, expelled or
denied school enrollment; teachers and other employees were more often
suspended, dismissed, discharged, disqualified or transferred; those
appearing in the courtroom setting were issued contempt of court
citations, sentenced or fined; and prison inmates were compelled to
comply with prison regulations. The subject of sanctions was not
stated or was not applicable in twenty-six cases. It was specifically
stated in six cases that teachers and other employees were not sanct-
ioned. Further enumeration of sanctions appears in Appendix B-3.

The fact that individuals subjected themselves to serious con-
sequences resulting from noncompliance to personal appearance regul-
ations and laws indicated how strongly they felt about having aspects
of personal appearance restricted. For those who broke the law,
consequences often were imprisonment, and once in that setting, for
whatever reason, inmates were frequently deprived of certain perceived
rights, including the right to appear as one wishes. For a number of

students, the educational process was interrupted, permanently for at

111

Table 10.--Frequencies and Types of Common Sanctions.

,JI’QL—I—Ilyfl'g" mag-.3...-

-..-‘13:

 

 

 

2......“ -1

lbt‘ul‘ia“:

r!

 

 

 

 

 

 

 

 

 

 

 

Not Stated
Other or No
Most Cannon Sanctions Sanctions Sub-Total N.A. Sanction Totals
Category
N Row I N Row 1 N Row 1 N Row % N Row % N Col 1
Symbols
Government Arrested a
Convicted 15 78.9
Group
Membership Arrested a
Convicted 3 15.8 1 5.3 19 11.5 19 11.5
Students Suspended: Ex-
pelled; Denied
Enrollment 32 82.1 4 10.3 36 92.3 3 7.7 39 23.6
Teachers
Religious Suspended; Dis-
missed; Dischar-
ged: Disqualif-
ied; Transferred 4 20. 4 20.
Lay Suspended; Dis-
missed; Dischar-
ged; Disqualif-
ied; Transferred 10 50. 18 90. 1 5. 1 5. 20 12.1
Employees Suspended: Dis-
missed; Dischar-
ged; Disqualif-
ied; Transferred 14 45.2 10 32.3 24 77.4 1 3.2 6 19.4 31 18.8
Entertainment/
Recreation Arrested a
Convicted 10 40. 8 32. 18 72. 7 28. 25 15.2
Courtroom
Demeanor Contempt of
Court;
Sentenced;
Fined 11 73.3 2 13.3 13 86.7 2 13.3 15 9.1
Prisoners
In the
Courtroom 12 75.
In Prison Compelled to
Comply with
Regulations 3 18.8 1 6.3 4 25. 16 9.7
Grand Totals 102 77.3 30 22.7 132 80. 26 15.8 7 4.2 165 100.

 

 

 

 

 

 

 

 

112

least one young man who never returned to school to complete his senior
year or receive his diploma. FOr individuals in the occupational
groups, noncompliance and resulting sanctions often resulted in loss of
salary and job security. In the courtroom setting, noncompliance with
judicial rules frequently meant legal action, which for the role of
attorney, in particular, may impact further business before the
particular judge.

Judging from the kinds of sanctions imposed (Table 10), three
types were identified: laws and ordinances, legal procedures, and
dress and grooming codes. Dress and grooming codes, issued by both the
private and public sector of our society, appeared as early as 1879 and
continue to the present time. However, between 1965 and 1980, their
number greatly increased. This was an era of greater variability of
personal appearance. Advancements in technology, economic availability
and changes in political, social, religious, racial and moral attitudes
resulted in changes in the American way of life. Aspects of appearance
became more personalized and were often controversial. Mass communi-
cation effected the transmission of changes regarding personal appear-
ance throughout the entire country. Due to the numerous changes in
personal appearance which occurred during this period, those in
authority perceived the need to set limits restricting diverse modes of
personal appearance. Limits established through personal appearance
regulations were perceived by some to whom regulations and sanctions
were directed to be not only beyond the scope of school authorities.
employers, judges and prison officials but that their right to

individual personal appearance selection was a matter to be resolved in

113

the court. As an increasing number of regulations were imposed,

personal appearance issues became more common on court calendars.

Dress and Grooming Codes

 

In an attempt to learn if the form of the personal appearance
regulation was a factor in the cases appearing in this sample, references
to dress and grooming codes were examined. Table 11 gives the form of
codes by role or setting and issue.

References to dress and grooming codes were located in 101 cases
in the roles of students, lay teachers, employees and prisoners and in
the courtroom setting. In fifty-two of the cases, the regulations were
specified in writing, twenty-two were unwritten, and twenty-seven
existed although the form in which they appeared was not stated in the
opinions. Court opinions gave no indication that the form of the codes

influenced decisions.

Question Four

What kinds of legal proceedings are brought to protect one's
rights regarding personal appearance? Table 12 shows frequencies of
similar kinds of relief sought by individuals for hair and clothing
appearance issues. Under the legal system in this country, citizens
may take grievances to court for resolution. Individuals who perceived
that the restrictions or sanctions placed on their personal appearance
choices infringed protected rights sought certain types of redress from
the court. The totals appearing on Table 12 exceed the total number of
cases in this study because a number of cases sought multiple relief

fbr a single issue. The percentages appearing on Table 12, presented

114

Table 11.--Category Frequencies for Dress and Grooming Codes.

 

 

 

 

 

 

 

 

 

 

=7 Not Stated

Cagegory Written Unwritten But Existed Totals
an
Issue N Row % N Row % N Row % N Col %
Students

Hair 17 43.6 3 7.7 8 20.5

Clothing 4 10.3 1 2.6 6 15.4
Total 39 39 38.6
Lay Teachers

Hair 5 41.7 2 16.7 1 8.3

Clothing 1 8.3 0 0 3 25.
Total 12 12 11.9
Employees

Hair 20 64.5 1 3.2 3 9.7

Clothing 5 16.1 0 O 2 6.5
Total 31 31 30.7
Courtroom
Demeanor

Hair 0 O 2 13.3 0 0

Clothing 0 0 13 86.7 0 0
Total 15 15 14.9
Prisoners
in Prison

Hair 0 0 0 0 4 100
Total 4 4 4.
Grand Totals 52 51.5 22 21.8 27 26.7 101 100

 

 

 

 

 

115

by hair and clothing appearance issues, were based on a total of 172
reliefs. Table 13 shows a break down of these frequencies by role and

setting categories.

Table 12.--Summary Frequencies for Reliefs Sought.

“o ..-—.:-=—=;:S-=-. ‘ ..-.-.- ...-w:.».. a. =m£A~-———--r_g‘u.cy—..1-.‘----.>.—--:...—--c-r—D—uz-z? "gm-z

Relief Sought Hair Clothing Totals
N Row % N Row % N Col %

 

 

 

 

Enjoin Enforcement;
Mandamus; Injunction 19 45.2 23 54.8 42 24.4

Dismissal of Contempt
of Court Order;
Criminal Prosecution 2 5.6 34 94.4 36 20.9

Challenge Ordinance
Statute; Regulation;
License Denial;

Judges Order 18 52.9 16 47.1 34 19.8

Re-hire Teacher;
Employee; Re-instate

 

Pupil 19 90.5 2 9.5 21 12.2
Habeas Corpus 1 7.7 12 92.3 13 7.6
Back Pay; Wages;

Damages 5 71.4 2 28.6 7 4.1
Other 10 52.6 9 47.4 19 11.
Totals 74 43. 98 57. 172 100

 

 

 

 

An analysis of legal proceedings brought to protect one's rights
regarding personal appearance indicate that the relief sought in only
eight cases was in the form of monetary compensation, either in salaries

which had not been paid, or damages to compensate for the psychological

116

injury sustained as a result of restriction or sanction. In the
remaining 157 cases. individuals sought some type of legal action which
would permit: freedom from incarceration, expression of political,
moral, religious, or racial attitudes and beliefs through personal
appearance selection, free exercise of personal appearance choices, or
occupational pursuits to continue.

The relief sought by forty-two individuals in 165 cases in-
cluded Injunctions, Writs of Mandamus and to Enjoin Enforcement. In
granting these reliefs, the court orders the person applying the
personal appearance requirement or sanction to stop enforcing the
requirement or sanction or to do some act. Litigants in the Symbols,
Students, Teachers, and Entertainment and Recreation categories
sought these types of relief in order to be permitted freedom of choice.

The relief sought by individuals in thirty-six of the cases
appearing in this study in which individuals were sanctioned for their
personal appearance choices involved dismissal of contempt of court
citations or reversals of criminal convictions. Judges issued contempt
of court citations against individuals who refused to obey judicial
rules or requests. Cases involving this type of action appeared in the
Courtroom Demeanor category. Criminal prosecution is an action brought
on the behalf of society to convict and punish individuals who have
broken criminal laws which have been established for the protection of
society. (Black's Law Dictionary, 1951, p. 449) Cases seeking relief
from criminal prosecutions appeared in the Symbols, Entertainment and

Recreation, Courtroom Demeanor and Prisoners categories.

117

Table 13.--Category Frequencies for Reliefs Sought and Basis of Decisions.

:2 J. . but a»: - ‘5‘” rawwuwr-tan 3 n-b 1'54; QI‘LQICWR‘MQWD“M'E.”JG “mam‘m “mt. o u.-.

 

 

 

 

 

 

 

 

Category Relief Sought/Number Basis of Decision/Number
I. Symbols
Government 15 Criminal Prosecution Dismissal 15 Interpret statute 2
Insufficient evidence 2
1st Amendment 9
14th Amendment 3
Group
Ibnbership 4 Criminal Prosecution Dismissal 2 State Police Action I
Injunction 1 Ist Amendment 3
Habeas Corpus 1 14th Amendment 1
Total 19
II. Students
Hair 28 Injunction 11 State Law I
Damages 1 1st Amendment 9
Challenge restriction 1 9th Amendment 3
Reinstate pupil 8 14th Amendment 25
Enjoin Enforcement 6 No Federal Question 2
Stop Religious Discrimination 1
Not Stated 1
Clothing 11 Injunction 6 State Law 3
Mandamus 3 1st Amendment 5
Stop Violating rights 1 14th Amendment 8
Enjoin Enforcement 1
Total 39
III. Teachers
Religious 8 Injunction 5 State Constitution 5
ges 2 1st Amendment 3
Indict school officials 1
Lay 12
hair 8 Injunction 1 14th Amendment 9
Mandamus 1
Rehire teachers 6
Clothing 4 Injunction 1 1st Amendment 1
Rehire teacher 2 14th Amendment 2
Declare unconstitutional 1
Total 20
IV. Employees
Hair 24 Rehire employee 5 Discretion of Military 4
Habeas Corpus 1 Insufficient cause 2
Stop active duty order 4 1st Amendment 3
Stop discrimination 1 5th Amendment 2
Challenge regulation 16 14th Amendment 4
Back pay 3 Civil Rights Act 9
Clothing 7 Stop active duty order 1 Discretion of Military 1
Challenge regulation 4 Civil Rights Act 5
Stop sex discrimination 2
Total 31
V. Entertainment
5 Recreation 25 Criminal Prosecution Dismissal 5 Interpret statute 1
Injunction 1 Vague statute 1
Enforce land restriction 1 Nuisance 2
Challenge license denial 4 1st Amendment 15
Challenge ordinance/statute 8 5th Amendment 2
Mandamus 1 14th Amendment 1
Habeas Corpus 1 21st Amendment 2
Enjoin Enforcement 4 Other 2
Total 25
VI. Courtroom
Demeanor
Hair 2 Criminal Prosecution Dismissal 1 Power of judge to
Contempt of Court dismissal 1 control courtroom 1
14th Amendment 1
Clothing 13 Criminal Prosecution Dismissal 3 Power of judge to
Contempt of Court dismissal 8 control courtroom 11
Vacate judges order 2 1st Amendment 1
14th Amendment 2
Total 15

 

Table 13.--Continued.

--‘-L—&

118

MMA 4.“; .‘eu u u u uammmmwmt

 

Category Relief Sought/Number Basis of Decision/Number
VII. Prisoners
In the

Courtroom 12

In Prison 4
Hair 3
Clothing 1

Total 16

 

Criminal Prosecution Dismissal 1
Habeas Corpus 10
Enforce Civil Rights Act 1

Enforce Civil Rights Act.
Damages

Damages

Against prison regulations

Pre-trial conditions

H “Hp-e

 

14th Amendment

14th Amendment

Ist Amendment

 

 

119

Individuals in thirty-four of 165 cases challenged city
ordinances, state and federal statutes, formal regulations, denial of
operating licenses and orders issued by judges. Cases in the Students.
Employees, Entertainment and Recreation, Courtroom Demeanor, and
Prisoners categories involve this type of relief.

Twenty-one cases were located in which individuals sought to
regain the same role held prior to imposed sanctions. The majority of
cases involved hair issues. Cases seeking the reinstatement of stud-
ents and the rehiring of employees were located in the Students,
Teachers, and Employees categories.

Thirteen of the cases utilized the writ of Habeas Corpus which
seeks release from prison. “This is the well-known remedy for
deliverence from illegal confinement." (Ibid., p. 837) Other types
of relief, too individualized to examine here, are enumerated on
Table 13.

The relief or aid sought of the court by persons who brought
cases involving aspects of their personal appearance to court was
dependent upon the type of sanction applied. Relief was found to vary
with category rather than issue. For those who broke laws, the relief
sought was release from serving sentences. For those who did not break
laws, individuals sought more equitable reliefs which would recognize
freedom in personal appearance or to have sanctions removed. In the
overwhelming majority of the cases, individuals did not seek monetary
reimbursements, rather, they went to court because they broke the law
or because of deeply held convictions regarding their personal appear-
ance. Legal action was an alternative to imposed restrictions and/or

applied sanctions.

120

Qgestion Five
What legal principles are relevant in resolving personal appear-
ance issues? Table 14 states frequencies of consolidated legal

principles by hair and clothing appearance issues.

Table 14.—-Frequencies of Legal Principles as Basis of Decisions.

 

m.=unfi'wrm:m“=:1tc:t.- .3.-." “1....-a1—o- ==="'—-“_' t:

Totals

 

 

 

 

 

 

Legal Hair Clothing
"mam“ N Row 7: Col 7: N Row z Col 2 N Col 7:
First Amendment 12 24. 15.4 38 75. 35.5 50 27.
Fifth Amendment 2 50. 2.6 2 50. 1.9 4 2.2
Ninth Amendment 3 100. 3.8 O 0 O 3 1.6
Fourteenth

Amendment 42 59.2 53.8 29 40.8 27.1 71 38.4
TWenty-first

Amendment 0 O O 2 100. 1.9 2 1.1
Civil Rights Act 9 64.3 11.5 5 35.7 4.7 14 7.6
Power of Judge
to Control the
Courtroom 1 8.3 1.3 11 91.7 10.3 12 6.5
Other 9 31. 11.5 20 69. 18.7 29 15.7
Totals 78 42.2 99.9 107 57.8 100. 185 100.

 

 

 

 

After hearing the facts relevant to the case, the court renders
a decision or judgment based on the legal merits of the controversy.
These decisions may also include answers to legal questions raised during
the case. The legal principles upon which decisions were based are

discussed in the following paragraphs.

121

The totals appearing on Table 14 exceed the total number of
cases in this study because decisions in a number of cases were based
on more than one principle of law. Percentages are based on a total of
185 references to legal principles. Table 13 shows a break down of
these frequencies by role and setting categories.

More than two thirds of the decisions in personal appearance
cases were based upon constitutional grounds, in particular, the First
and Fourteenth Amendments. Decisions regarding hair issues were more
often reached under the Fourteenth Amendment and clothing issues under
the First Amendment. Cases in which these amendments were the basis
for decisions were identified in all categories (see Table 13). The
Fourteenth Amendment was the basis of decision in cases involving de-
partments of education, correction, fire and police, in particular, all
of which are under city or state control. In addition, the First Amend-
ment is applicable under the Fourteenth Amendment. The First Amendment
was the basis for decisions in cases in which aspects of personal
appearance were recognized as intentional expressions of moral, relig-
ious, racial or political viewpoints of the wearer. A discussion of
personal appearance aspects applicable under the First Amendment is
addressed in Question Eleven of this chapter.

The remaining amendments, Fifth, Ninth and Twenty-first,
provided the basis for decisions in nine of 165 cases in this sample.
Decisions utilizing these amendments were located in the Students,
Employees and Entertainment and Recreation categories and were more
often clothing related. Constitutional Amendments applicable to per-

sonal appearance issues, or that part relevant in this study, appear

122

on Table 15.

Decisions in the remaining one third of the personal appearance
cases were based on non-constitutional issues such as the Civil Rights
Act, state statutes or constitutions, the inherent power of the judge
to control the courtroom, discretion of the military, insufficient
evidence and cause, nuisance, and cases not utilizing the appropriate
court system. Decisions regarding clothing were more predominant under
these principles of law. Cases appeared in all categories except in
the Prisoners category.

Fundamental laws and principles in this society are set forth
in written constitutions, federal and state, which guarantee and pro-
tect certain rights and liberties of citizens. State constitutions are
less rigid than the Federal Constitution and are more apt to change as
the needs of society change. Many constitutions, laws, and ordinances
were adopted and enacted many years ago, but provisions are available
permitting modification.

The upsurge in the number of cases involving personal appear-
ance, especially during the 1960's and 1970's, indicates that a number
of American citizens perceived that the liberty guaranteed under the
federal and state constitutions, along with laws, acts, and the like,
had been taken away by others. The decisions rendered during this time
frame, as in the past, followed established legal principles. Many of
the cases were decided upon legal principles which were not originally

fbrmulated to include personal appearance.

123

Table 15.-~Constitutional Amendments Applicable to Personal Appearance
Issues

 

m n.”-

Amendments

 

 

vp- “...:— - ...... .... ...—...- ..
-.L. ... -.--.. ...... ...-w. 3...-.. ‘—‘--- --.xw--3—“---c-_ ..- _. u.--—:_- —_-~.3..—wm

Provisions

 

First

Congress shall make no laws respecting an establish-
ment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to
assemble, and to petition the Government for a redress
of grievances.

 

Fifth

No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land and naval forces, or in the Militia, when in
actual service in time of War or public danger; nor
shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property
be taken for public use, without compensation.

 

Ninth

The enumeration in the Constitution of certain rights.
shall not be constructed to deny or disparage others
retained by the people.

 

Fourteenth

All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they
reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any
person of life, liberty, or property without due
process of law; nor deny to any person within its
jurisdiction the equal protection of the laws . . .

 

TWenty-first

 

. . The transportation or importation into any State,
Territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in
violation of laws thereof, is hereby prohibited . . .

 

124

Question Six
Do matters regarding personal appearance appear in state courts
or federal courts? Table 16 shows the total number of times personal
appearance clothing and hair issues were heard and reported by court

level.

Table 16.--Suwmary Frequencies with which Hair and Clothing Issues Here Heard by State and Federal Courts.

State Federal
| l I |
Trial Appellate Supreme Total District Appellate Supreme Total Grand Total

 

 

 

 

 

 

 

Hair 12 3 4 19 56 36 2 94 113
Clothing 82 26 35 143 43 24 10 77 220
Total 94 29 39 162 99 60 12 171 333

 

 

One hundred sixty-five cases involving personal appearance were
located in this study. Including appeals, these cases were heard in
333 courts throughout the United States. Table 16 and Appendix B-4 do
not indicate the order in which cases appeared but the total number of
cases appearing at each level. For example, a case may have originally
been tried in the state trial and supreme courts, proceeded to the
United States Federal District Court, and terminated in the United States
Court of Appeals. This case would then be tallied in each court in
which it appeared.

Table 16 shows that persons taking personal appearance issues

125

to court utilized the state court system almost as frequently as the
federal court system. However, hair issues appeared more frequently in
federal courts, while clothing issues appeared more frequently in the
state courts. Different issues seem to have appeared in one particular
system more often than the other. The following remarks offer possible
explanations for this occurrence.

The Table in Appendix B-4 shows that both Symbols and Enter-
tainment and Recreation categories were primarily tried in state courts
because the personal appearance issues involved conduct restricted by
state laws or city ordinances, and jurisdiction would initially be
within the state court system. Courtroom Demeanor cases also appeared
more frequently in state courts. It is speculated that biases regard-
ing personal appearance in the courtroom are more prevalent in state
courts than federal courts; thus, the issues would primarily arise in
that system.

All earlier cases involving personal appearance located in this
study were tried in the state court system. Personal appearance issues
were not tried in federal courts until 1966 when Black students were
suspended for wearing freedom buttons in the classroom. This suggests
that change has taken place in the legal issues or the remedies sought
in later personal appearance issues; that is, a change to constitution-
al issues from local issues.

Cases in the Students and Lay Teachers categories were more
often tried in federal courts. School systems, which are under state
control, were given broad rule making power by state legislatures and

courts have traditionally upheld school board decisions. Therefore,

126

the issues were necessarily raised in a constitutional framework.
"Recent Cases,“ 84 Harv. L. Rev. 1702, 1702f (1971)

Several cases in the Employees category were litigated in
federal courts because they involved individuals who worked for a firm
having an office in one state and a corporate office in a different

state. Jurisdiction would then be in the federal courts.

Question Seven
At what level of the court hierarchy are personal appearance
issues resolved? Table 17 shows the frequencies of the levels of the
state and federal courts at which resolution of personal appearance

issues were completed.

Table 17.--Sim-ary Frequencies for Court Hierarchy Ibsolutions of Personal Appearance Issues.

 

 

 

 

 

 

State Federal
Total
Trial Appellate Supreme District Appellate Supreme
H Row 1 H Row 3 N Row 1 N Row 1 M Row 2 H Row 1 M Col 1
Hair 3 4.6 3 4.6 3 4.6 20 30.8 34 52.3 2 3.1 65 39.4
Clothing 7 7. 17 I7. 29 29. 19 I9. 19 19. 9 9. II!) 60.0
Total 10 6.1 20 12.1 32 19.4 39 23.6 53 32.1 11 6.7 165 100.0

 

 

 

 

Thirty-two percent of the personal appearance cases located
were resolved at the United States Federal Appellate Court level.
Hair issues were also predominantly resolved at this level, with a

substantial number also resolved at the United States Federal District

127

level. On the other hand, clothing issues appeared in the state

system somewhat more often than in the federal system and most fre-
quently were decided at the highest court level. Those cases appearing
in the federal system were disposed of at the district court and at the
appellate court with equal frequency.

The court level at which the majority of cases were resolved,
by category, is as follows. (See Table in Appendix B-S) Cases in the
Symbols category were most frequently resolved at the state supreme and
appellate court levels. Religious teacher cases were predominantly
resolved at the state supreme court level. Cases in the Entertainment
and Recreation and Courtroom Demeanor categories were generally term-
inated at the state supreme court level, but the latter category also
had a sizeable number completed at the state appellate court level.
Cases in the Lay Teachers category were predominantly resolved at the
federal district and appellate court levels. Prisoners cases were
divided between the federal trial and appellate court levels. The
majority of cases located in the Students and Employees categories were
generally resolved at the federal appellate and district court levels.
Even though eleven cases were reviewed by the United States Supreme
Court, generally under a writ of certiorari, no category had the major-
ity number of cases resolved at this level. This result is not unex-
pected because such a small percentage of cases of any sort reach this
court.

The combined results of Tables 16, 17 and Appendixes B-4 and 5
lead to a number of assumptions regarding individuals and personal

appearance cases located in this sample. Individuals who brought their

128

complaints regarding personal appearance restriction to court perceived
that these infringements were of sufficient importance to bear the
financial expenses associated with legal and court costs and to expend
the time necessary to initiate a case and pursue it to its termination.
This also suggests that they had a basic knowledge of the legal system
and its options in order to pursue their freedom in personal appear-
ance selection.

Several points are noted with respect to the courts and personal
appearance cases. While several judges considered a number of student
hair cases a waste of valuable court time, courts did hear and decide
complaints regarding personal appearance. Earlier cases were tried in
state courts, while later cases were also tried in federal courts as
constitutional rights regarding personal appearance became better
recognized. Appeals were taken to appellate courts and opinions were
published on those appeals. Personal appearance cases were heard and
resolved by the highest court in the land. The majority of cases heard
by the Supreme Court involved contemporary emotional issues, for
example, Nazi uniforms and swastika, American flag, black arm bands,

and topless and nude dancing.

Question Eight_

 

What personal appearance choices do courts recognize as per-
missible? Table 18 shows the frequencies of judicial decisions and
the more common reasons for recognizing personal appearance choices.

Decisions in court cases are based upon the type of relief or

action sought by the complaining person, the facts presented to the

129

Table 18.--Summary Frequencies of Judicial Decisions and Common Reasons
for Recognizing Personal Appearance Choices.

 

..- .___ —. . ._.— .... — .—.. -.— --——. v _' , .
——==.._: -—..:3 3.3. -: ..-“-..L 1 t:-.-.:.. =3-...._:&.~ . 33;...54-.__, .... ‘- &--"—_?.-'-.‘.?=‘3‘.' m=.:w

 

 

Decisions and Most Common Reasons Sub-Total Totals
Specified by Courts ‘N % N
Court Recognized Freedom of 81 49.1

Personal Appearance
Rules/decisions were too narrow, vague 20 24.7
arbitrary, capricious, unreasonable,
discriminatory, or not explicit.
Rules/decisions were unconstitutional. 17 21.
School/employer/Army did not justify rule. 12 14.8
Garb may have prejudiced trial outcome. 7 8.6
Contempt citation was not warranted, 6 7.4

cancelled or cancelled after serving
partial sentence.

Actual flag was not desecrated. 6 7.4
Other reasons 13 16.
Court Did Not Recognize Freedom 75 45.45

of Personal Appearance

Decisions Not Resolved or Not Clear 9 5.45

 

Totals 165 100.

 

 

 

130

court, and the application of appropriate legal principles. Courts
recognized freedom of choice for the individual in eighty-one cases
involving personal appearance. Even though decisions in nine cases
were either not resolved or not clear, findings show that courts did
recognize freedom of choice in about half of the total number of cases
appearing in this sample (see Table 18). The category showing the
largest number of cases recognizing freedom in personal appearance is
the Symbols category with twelve of nineteen or 63% of the cases in
that category. The smallest number of cases recognizing this freedom
is in the Employees category with nine of thirty-one or 29% of the
cases in that category (see Table 19). The percentage of cases in
which freedom of personal appearance was recognized in the remaining
five categories is about equal. Individuals who brought hair issues to
court won in twenty-seven of the sixty-five hair cases and those who
brought clothing issues won in fifty-four of the 100 clothing cases.
The most commonly stated judicial reason for recognizing free-
dom in personal appearance was that rules or decisions restricting
personal appearance were too narrow in scope, language of restriction
was too vague or not sufficiently explicit, rules were explicit but
considered arbitrary and unreasonable, rules were abruptly changed and
considered capricious, and rules favored one individual or group more
than another. These reasons were stated in twenty or 24% of the cases
in which personal appearance was recognized (see Table 18). Cases
decided for these reasons were located in all categories except in the
Employees category. Clothing issues were slightly more numerous than

hair issues.

131

Table 19.--Category Frequencies of Judicial Reasons for Recognizing
Personal Appearance Choices.

 

 

“Mumm-M-nuuuesmm L&‘%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Number Reason Court Permitted 7 Number
of Cases Personal Appearance Freedom/Number Won Col 1
SYMBOLS: Government
Law was unconstitutional 2
Law was vague 2
15 Actual flag was not desecrated 6 10 66.6
SYIBOLS: Group Menbershi p
Law was unconstitutional 1
4 Nazi uniform constitutionally protected 1 2 50.
19 12 63.
STUDENTS
Rule was unconstitutional 1
Rule was arbitrary 5
Hair School did not justify need for rule 7
College surpassed its authority 1
28 Not resolved 3 14 50.
Rule was unconstitutional 1
Clothing Rule was arbitrary 5
Not resolved I
11 Not clear 1 6 54.55
39 20 51.28

 

 

 

 

 

TEACHERS: Religious
8 __1> Garb did not disqualify teachers 4 I 4 1 50.
TEACHERS: Lay

 

 

 

 

 

Rule/decision was arbitrarya 3
Hair Hair was constitutionally protected 1
School surpassed its authority 1
8 College surpassed its authority 1 6 75.
Clothing a
4 Dismissal was arbitrary I 1 25.
20 11 55.

 

 

 

 

aIncludes: arbitrary, capricious. unreasonable, unenforceable
and discriminatory.

132

Table 19.--Continued.

...- .‘ ‘Dbi‘ku 1“ I‘Mm“n—-‘"u

 

 

m: “I“ “1 SJ ' fi—L—m—LJ‘ fifll$u

[...—1m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Number Reason Court Penhitted Number
of Cases Personal Appearance Freedom/Number Won Col :
EMPLOYEES
Employer did not justify rule/decision 4
Hair: Rule violated Civil Rights Act 1
Not resolved 1
24 Not clear 1 5 20.83
Clothing: Rule/decision was unconstitutional 1
Rule violated Civil Rights Act 2
7 Army did not justify rule 1 4 57.1
31 9 29.
ENTERTAINMENT a RECREATION
Law/ordinance/stipulation was
unconstitutional 10
Law was too narrow/unenforceable 2
Bathing attire was not objectionable 1
25 Not resolved 1 13 52.
COURTROOM DEMEANOR
Hair: 2 Contempt citation was not warranted 1 I 50.
Clothing: Request was not explicit 1
Contempt citation was not warranted/
13 or was cancelled 4
Contempt citation cancelled after
serving partial sentence 1
Issue not applicable under state law 1
Not resolved 1 7 53.8
15 B 53.3
PRISONERS: In the Courtroom
12 Garb may have prejudiced trial outcome 7 I; 7 J 58.
PRISONERS: In Prison
Hair: 3 Haircut was cruel and discriminatory l 1 33.3
Clothing:
1 O
16 B 50.

 

 

 

 

133

Courts found personal appearance restrictions, or decisions
made as a result of restrictions, unconstitutional in seventeen or 21%
of the cases where freedom of personal appearance was recognized.
Cases decided upon this determination appeared in the following cate-
gories: Symbols, Students, Lay Teachers, Employees and Entertainment
and Recreation. The majority of issues were clothing related.

Other frequently stated reasons which recognized freedom of
choice include: regulations or sanctions were not sufficiently justi-
fied by school administrators, employers or Army; prison garb worn
during a trial may have negatively impacted trial results; contempt of
court citations issued by judges were not warranted or were excessive;
and the actual American flag was not desecrated.

Judges recognized freedom in personal appearance for other
reasons in thirteen cases. These reasons, appearing on Table 19,
include: colleges or schools exceeded their authority, religious
clothing did not disqualify teachers from teaching in the classroom,
restrictions violated the Civil Rights Act, prisoner's haircut was
cruel and discriminatory, bathing attire was not objectionable and
personal appearance issue was not applicable under state law.

The findings in this study clearly indicate that judicial
decisions in cases involving a variety of personal appearance aspects
demonstrate a balance between complete freedom of choice or applied
regulations or sanctions and the limits to which this freedom or app-
lied regulations or sanctions can be permitted in this country. Reg-
ulations and sanctions must be specific, justifiable, warranted, and

must not be contrary to principles established in the United States

134

Constitution. Findings do indicate, however, that employers have more
rights in deciding the personal appearance of those in their employ

than employees have in choosing the personal appearance of their choice.

Question Nine

 

Will courts consider behavior as well as personal appearance
issues in deciding cases? Table 20 shows frequencies of available facts
about behavior presented by the parties to the court and court decisions

including references to behavior.

Table 20.--Summary Frequencies of Behavioral References in Conjunction
with Personal Appearance Issues.

 

 

 

WE'SQZT :31? 23:7???:wmfi‘fiifii‘ifi'fiifif ”:2:
to the Court by Court
N Row % Col % N Row % Col % ' N Col %
17 77.3 44.7 5 22.7 33.3 22 41.5
21 67.7 55.3 10 32.3 66.7 31 58.5
38 71.7 100. 15 28.3 100. 53 100.

 

 

 

Behavior was not a factor in court cases appearing in the Gov-
ernment Symbols, Religious Teachers, Employees and Prisoners categories
(see Appendix B-6).

Forty-three cases of 165, or 26% of the cases, referred to
positive or negative behavior in conjunction with personal appearance
issues. Of this number, twenty-one were hair related and twenty-two

were clothing related. The sum total of behavioral references

135

appearing on Table 20 exceeds the total number of cases located in
which information about behavior appeared because behavior references
may have appeared in both the facts available to the court and the
decisions in which court referred to behavior.

Table 20 shows that behavioral facts made available to the
court by litigants substantially outnumbered behavioral references by
judges. Thirty-eight behavioral references were made by parties in-
volved in cases, and fifteen behavioral references appeared in judicial
decisions. Cases involving clothing and hair were about equally
divided.

Based on Appendix B-6, litigants in thirty of thirty-eight
cases in which facts were made available to the court stated that dis-
ruptive behavior did not accompany or result from their personal
appearance. Of this number, twenty-one cases were decided in favor of
freedom in personal appearance. Where no disruption resulted, courts
did appear to refer to and support freedom in clothing choices more
than in hair choices.

Also appearing in Appendix B-6 are the categories in which
behavior is presented as part of facts or decisions. They include the
categories of Group Membership Symbols, Students, Lay Teachers, Enter-
tainment and Recreation, and Courtroom Demeanor. Behavioral refer-
ences were made in nineteen of thirty-nine Students cases, or 48.7%,
resulting in the largest number of cases located in an individual
category. However, it ranked third in the percentage of cases having
behavioral references. The category showing the largest percentage of

behavior references is that of Courtroom Demeanor with 66.6%, followed

136

by Teachers with 50% of the cases having behavioral references.

Thus far in this summary, discussion pertaining to the existence
and possible impact of behavior and personal appearance upon judicial
decisions has had a narrow approach, namely, behavior prior to the case
entering the courtroom (see Appendix B-6). In examining the Courtroom
Demeanor category, a broader perspective is utilized. Ten behavioral
related cases were reported in this category, six of which involved
attorneys. These cases involved the perceptions or reactions of judges
to behavior resulting from the personal appearance of individuals who
appeared before them or who were in the proximity of the courtroom.
When it was established that personal appearance did not cause disrup-
tive behavior, appellate courts generally cancelled lower courts'
sanctions.

It is fairly evident from these findings that personal appear-
ance which either caused or resulted in behavior problems was not
significant in cases which went to court. Those applying regulations
or sanctions were sensitive to impending behavioral problems, perceiv-
ing personal appearance to be the cause, more frequently in the
courtroom and in the classroom settings. Actual disruption resulting
from personal appearance choices did occur in only six cases and judges
held in favor of regulations or sanctions in these cases.

In both settings, normative expectations regarding personal
appearance were fairly rigid before the mid-1960's. After that time,
established rules became ambiguous because of the changes in the cul-
tural climate and this ambiguity was visible through personal appear-

ance. This rigidity caused many people to demonstrate their

 

137

individuality which had, in the past, been less assertive and more

conforming.

Question Ten

00 courts consider traditional beliefs or emerging values in
deciding personal appearance choices or limitations? Table 21 shows
frequencies of judicial references to traditional beliefs and emerging
values by appearance issue and category.

Of the 165 cases appearing in this study, various courts re-
ferred to traditional beliefs or emerging values in fifty cases.
References to traditional beliefs occurred in thirty cases and refer-
ences to emerging values occurred in twenty cases. References to
traditional beliefs were evidenced in seven categories and were
relatively more numerous in the courtroom and prison settings. Emerging
values, seen in six categories, were relatively more frequent when
courts referred to sutdent complaints. Issues appearing in the Enter-
tainment and Recreation category received the same number of references
to traditional beliefs and emerging values, which may indicate the mixed
sentiments existing in that area.

Even though judicial references to traditional beliefs were
located in cases as early as 1879, the majority of references were made
between 1965 and 1979, a time frame which also coincides with references
to emerging values (see Table 22). A number of the same personal appear-
ance issues were considered in light of both types of references which
may indicate that these were the most controversial personal appearance

issues of the era. These issues included references to the flag as

138

Table 21.--Summary Frequencies of Traditional Beliefs and
Emerging Values.

 

 

 

 

 

===-————-—r'-=-=—==r=q7:.—~ ”... at- s wan-c
References To References To
Traditional Beliefs Emerging Values
Category Grand
Hair Clothing Sub Total ’Hair Clothing Sub Total Totals
N N N Row % N N N Row % N C%
Government
Symbols 3 3 75. 1 1 25. 4 8.
Students 3 1 4 33.3 5 3 8 66.7 12 24.
Teachers
Religious 2 2 28.6
Lay 1 1 2 28.6 1 2 3 42.9 7 14.
Employees 3 1 4 66.7 1 1 2 33.3 6 12.
Enter-
tainment]
Recreation 4 4 50. 4 4 50. 8 16
Courtroom
Demeanor 7 7 77.8 2 2 22.2 9 18
Prisoners 3 1 4 100. 4 8.
Totals 10 20 30 60. 7 13 20 40. 50 100.

 

 

 

 

 

 

139

Table 22.--Category Frequencies of Traditional Beliefs and

—-. --o~ov—o~~~-~-—~—wwo.-.-. --. -.--o-...—-~ ---- .— .... -.....—
——q. .. _—.--.-.-_..__..._._ -g--.-_=—._.—-‘.-._2——.“'€~.S_~? .....-

Emerging Values.

Court References to 7
Traditional Beliefs

 

Year, Decision, Issue, Reason

 

-.'_g: .2—3' I... "'—..’ 3"." =.‘..-.——...._.—-.:::.'-'2 'F" ....-—

Court References to
Emerging Values

 

 

Year, Decision, Issue, Reason

 

SYMBOLS:

19 Cases

 

1972

1973

1973

Lost, Flag Patch on Seat of
Pants, Intent was different
if one wore flag on sleeve
or seat of one's pants

Lost, Flag Patch on Seat of
Pants. Wearing flag on seat
was contemptuous

Lost, Flag Patch on Seat of
Pants, Flag symbol was basic
to our society

 

1974 Won, Flag Patch on Seat of

Pants, Changing views on
flag etiquette

 

 

Total: 3 Total: 1
STUDENTS: 39 Cases
Hair Issues:
1965 Lost, Believed that unusual 1969 Won, No data or expert test-

1970

1972

hair may disrupt school

Lost, A school matter should
be settled by school

Hair issue won, but clothing
rules remain to deter
immodest appearance

 

1970

1970

1970

1974

imony which correlated
behavior with long hair were
presented

Won, Conformity for its own
sake cannot be tolerated

Lost, but court added that
one cannot assume that long
hair is meant to express
political or societal values

Won, Conformity to set stand-
ards should not be a part of
the educational atmosphere

Won, Hair not proven to neg-
atively impact learning

Table

e -9.

140

22.-~Continued.

- ~- ...... .‘——.
- 1 :-

Court References to
Traditional Beliefs

 

Year. Decision. Issue. Reason

 

. .... .... . . .— ._-... ...... .... —....__..__._——-
.... a- —- 7.4.... 22". .—=‘.-'—"w=_==_=.:.—S _-._:--_.:::~ —._.._.._.__.__e—.

Court References to
Emerging Values

 

Year, Decision, Issue, Reason

 

STUDENTS:

Continued

 

1923

Total:

Dress Issues:

Lost, Face Powder, School
was the place to learn
respect for authority

 

1966 Won, Freedom Button, Schools
cannot ignore matters merely
because they do not want to
deal with them

1969 Won, Black Arm Band, Students
had a right to peacefully
express their views

1970 Won, Blue Jeans, Not proven
to deter learning

Total: 8

 

TEACHERS:

20 Cases

 

1894

1918

Total:

Religious: 8 Cases

Won, Religious garb pronoun-
ced faith but did not
disqualify teachers

Lost, Religious garb was
daily reminder to students
of church tenets

2

 

1973

Luy: 12 Cases
Hair Issues:
Lost, Society sets limits

 

1967 Won, Beard may have been a
symbol of masculinity or
nonconfonmity

141

Table 22.--Continued.

mar:4-t:x.a u~se~1=¢rx54acz 23’; :2- :::;m =7

Court References to
Traditional Beliefs

 

 

Year, Decision. Issue. Reason

LAY TEACHERS:

-~- . «- p---——----— - .u. -.-.._ --.-.-.—--u—— ...——
--t ‘»- -.--1— ”---1..:-..c.——1--————-- -.- —-—..—: .———.

Court References to
Emerging Values

 

Year, Decision, Issue, Reason

Continued

 

Clothing Issues:

1975 Lost, Jacket/Shirt/Tie,
Teacher establishes role
model for students

Total: 2
Combined Totals: 4

 

1972 Won, Black Arm Band, Students
should not be shielded from
national issues until they
enter the voting booth

1976 Lost, Skirt Length, Skirt

was not contrary to contem-

porary community standards
but teacher did not fulfill
her contract

Total: 3
Combined Totals: 3

 

EMPLOYEES:

31 Cases

 

Hair Issues:

Lost, Policemen should be
neat and disciplined to
gain respect from public

1972

1975 Lost, Applicant was free to
cut his hair or work else-

where for police

1975 Lost, A uniform appearance

for police, including hair,
was good for internal unity

and external recognition
Clothing Issues:

Lost. Pantsuit, Company
should be able to project
certain image

Total: 4

1979

 

1972 Won, Outward appearance
should not determine self
worth

1977 Lost, Tie, But employer
should be able to change its
dress code as need arises

Total: 2

 

Table

-—-‘"-3 =: =34: u—c— ‘13- .m:~._. '2 a.” .7..." ‘t. *._._.-"_..-‘ "z-"'._...° ...": :11

142

22.--Continued.

Court References to
Traditional Beliefs

Year, Decision. Issue. Reason

 

1..- -._ -.- -.- --- _. . - . -
...—......“ —. a» “L 23--”....-.1.” .— ‘1.‘.

: :-_:-. arts fin.“

Court References to
Emerging Values

 

Year, Decision, Issue, Reason

 

ENTERTAINMENT AND RECREATION:

25 Cases

 

1939

1970

1972

Won, Customary Street Attire,
Individuals were free to
choose their personal appear-
ance as long as it did not
offend public standards

Lost, Theatre-- EDS , ghe_
went beyond accepted norms
even for off-Broadway
productions

Lost, Topless/Nude Dancing,
Laws are necessary to pro-

 

1953

1968

1970

Won, Burlesque Dancing,
Decency standards change with
time and place

Won, Topless Dancing, Decency
standards change with time
and place

Won, Theatre-- Hair , People
were not given opportunity
to determine merits of play
for themselves

 

 

tect health/welfare/morals 1971 Wen, Hippy Sitting on Grass,
of public Ordinance labelled a group
of people whose life style
1978 Lost, Nude Bathing, Nude and appearance differed from
bathers did not have the residents
right to bathe on public
beaches
Total: 4 Total: 4
COURTROOM DEMEANOR: 15 Cases
1964 Lost, Hat, Attorneys were 1971 Won, Jacket with "Fuck The
bound to obey judges orders Draft" on back, If by-
standers found it offensive,
1969 Won, Skirt Length. Attorneys they could have turned
were bound to obey judges their heads
orders but, dress require-
ments were not explicit 1978 Won, T-Shirt with "Bitch,

1969

Decision Unclear. Won't Rise
For Judge. Rising for judge
was symbolic

 

Bitch" on front, Shirt was
not appropriate courtroom
dress, but traditional and
contemporary usage of word
were different

Table

m:-+,-Hfi" ..-

143

22.--Continued.

 

Court References to
Traditional Beliefs

 

Year, Decision, Issue, Reason

 

'2 a: 22.22:: :.:.=:;=.:c==;°;.=:==s =2.- :2“

Court References to
Emerging Values

 

Year, Decision, Issue, Reason

 

1974

1975

1975

1980

Tetal:

COURTROOM DEMEANOR:

Won, Jacket/Tie/Slacks,
While rules were necessary,
appearance did not warrant
contempt citation

Lost. Tie. Courtroom attire
for attorneys had tradit-
ionally been a jacket and tie

Lost, Clerical Garb, Due to
significance attributed to
religious, visible through
their clothing, such attire
may have swayed minds of
jurors

Lost. Jacket/Tie, Tradition-
ally, courts had controlled
attorneys' appearance. They
had certain restrictions
which others did not have

7

 

Continued

Total:

2

 

PRISONERS:

16 Cases

 

1879

1970

1976

Hair Issues:

Won. Pig Tail, Cutting Queue
was cruel action. Queue sym-
bolized his religious beliefs

Lost, Rules were intended for
sanitary/personal image
purposes

Lost. Incarceration implied
certain restrictions

 

144

Table 22.--Continued.

 

 

 

 

 

cum-42:: =1: mmzxe-elze anm _.'=:'z::_..-. .. ....ztzmm
Court References to Court References to
Traditional Beliefs Emerging Values
Year, Decision, Issue. Reason Year, Decision, Issue, Reason

 

 

PRISONERS: Continued

 

Clothing Issues:

1971 Lost, Jewelry, Rules were
necessary to deter theft and
conspicuous consumption

Tetal: 4

 

 

 

14S

wearing apparel, hair lengths and diverse styles of hair, facial hair

preferences, ties, skirt lengths, and topless dancing.

Question Eleven
What personal appearance forms and motives will the courts
identify as constituting symbolic meaning? Table 23 shows the frequen-
cies for the total number of cases, the number of cases in which
individuals sought Symbolic Speech and Conduct protection for personal

appearance issues and the number of cases won and lost.

Table 23.--Frequencies of Court Detenmination of Personal Appearance and Symbolic Meaning.

 

 

 

 

Individuals Sought .
Total Number Symbolic Speech/ Cases Lost Cases Won
Of Cases] Conduct Protection
Issue N Row % Col % N Row % Col % N Row % Col 1
Hair 65 5 7.7 13.9 5 100. 26.3 0 O 0
Clothing 100 31 31. 86.1 14 45.2 73.7 17 54.8 100.
Total 165 36 21.8 100. 19 52.8 100. 17 47.2 100.

 

 

 

 

In thirty-six cases, or 21.8% of the total number of cases,
individuals perceived that their choice in personal appearance publicly
conveyed a non-verbal message, that the intended message was recognized
by others, and that they had a constitutionally protected right to ex-
press their views through personal appearance selection (see Table 23).
This table is based on a narrower definition of symbolic meaning than is
used in the Clothing and Textile field. For example, it does not include
personal appearances choices based on personal preference. It does

include those issues which are protected as Symbolic Speech and Conduct

 

 

146

under the First Amendment, and several issues under Freedom of
Expression as safeguarded by the Fourteenth Amendment.

A number of motives for the symbolic communication specified in
these cases were identified. First, personal appearance was manipulated
to convey political viewpoints regarding the Civil Rights Movement.
Vietnam War, Selective Service System, Mexican-American struggle for
racial pride and power, and the American Socialist Party's ideology.
Second, expressions of personal values and norms were manifested in sym-
bolic expression through personal appearance selection, but the courts
did not recognize the individual's right to symbolic protection for
this particular reason. Third, liberation from existing sexual stand-
ards, exemplified in various art forms, manifested itself in partial or
total nudity in certain situational settings.

In seventeen cases, courts recognized and upheld the right of
the individual to publicly communicate certain views via his personal
appearance (see Table 24). Cases were located in the Government and
Group Membership Symbols, Students, Lay Teachers, Entertainment and
Recreation, and Courtroom Demeanor categories. There were significantly
fewer hair than clothing issues seeking Symbolic Speech protection and
none received it.

Court decisions in nineteen cases found that personal appearance
forms and motives did not constitute Symbolic Speech protection fer
several reasons. Symbolic Speech does not include personal appearance
which does not convey a message, disruptive behavior, behavior contrary
to criminal laws, disrespect for national symbols, infringement upon the

rights of others, or obscenity.

Table 24.-~Category Frequencies of Court Determination of Personal

Appearance and Symbolic Meaning.

 

m

i==x=._:.:-:::_::.z; mrg‘m ‘2'»:

Court Rules Against

Court Rules in Favor

mm m=:::= r2. 32.-1:: 4:2: cm.:.z=t:$=

 

 

 

 

 

 

 

 

 

 

Category/ Personal Appearance of Personal Appearance TOERIS
Issue/ . _________
Total as Symbolic Speech/ as Symbolic Speech/
Number Lost/% Number Won/% N R Z
Symbols
Government 1 Flag Vest 1 Army Uniform
1 Flag Poncho 1 Flag Shirt
3 Flag Patches 1 Flag with Peace
(Seat of Pants) Symbol on Helmet
1 Flag Patch Upside Down
on Jacket Sleeve
Group
Membership 1 Nazi Uniform/Swastika
Total 19 Cases Lost 5/50. Cases Won 5/50. 10 52.6
Students
Hair 5
Clothing 1 Freedom Button 1 Freedom Button
1 Black Beret 1 Black Arm Band
Tbtal 39 Cases Lost 7/77.8 Cases Won 2/11.1 9 23.1
Lay Teachers
Clothing 1 Jacket/Shirt/Tie 1 Black Arm Band
Total 20 Cases Lost 1/50. Cases Won 1/50. 2 10.
Enter- 1 Burlesque Dancing 1 Burlesque Dancing
til "Wilt u u u :1
Recreation 1 Theatre Che 2 Theatre Hair
1 Topless/Nude 2 Topless/Nude
Dancing Dancing
2 Nude Dancing 3 Topless Dancing
1 Nude Bathing
Total 25 Cases Lost 6/42.85 Cases Won 8/57.1 14 56.
Courtroom 1 Jacket with
meanor Inscription
Clothing
Total 15 Cases Won 1/100. 1 6.66

 

CHAPTER VI
SUMMARY AND CONCLUSION
Statement of the Problem

Personal appearance issues appearing in courts of law were
selected for investigation in order to combine the writer's areas of
interest, socio-cultural aspects of clothing and textiles, and law.
Professional writing, authored by attorneys and law students, was found
in this area. This writing deals with the legal nature of a limited
number of dress related cases and is not directed toward the layman.
While law is recognized as one aspect of the socio-cultural area in
clothing and textile literature, no detailed investigation of personal
appearance issues arising in the courts of law in the United States was
discovered. This thesis identifies and categorizes personal appearance
related issues which appear in selected judicial proceedings between

1879 and 1980, with emphasis on the last two decades.

Methodology
The sources of data for this study included the official and

unofficial reported decisions of the federal and state courts, annot-
ations and Law Review articles or papers. Relevant cases in West's
National Reporter System were located through implementation of the
American Digest's Topic and "Key Number" classification system. This

148

149

system organizes subjects and provides abstracts for a speedy location
of similar points of law within each classification. The General
Digest, a chronological coverage which also provides case citations and
abstracts was used. Other legal books were also consulted to locate

references to pertinent citations.

Conclusion

Frequency counts were made and percentages calculated to anal-
yze the data according to the objectives of the study, and the results
are presented below.

Objective 1. To identify and categorize personal appearance
related issues through examining selected cases
which have been brought into courts of law in
the United States between 1879 and 1980, with
emphasis on the last two decades.

One hundred sixty-five personal appearance related cases were
located; 100 of these involved clothing related issues and sixty-five
involved hair related issues. Six categories were established based on
roles and situational settings and are presented in order of decreasing
frequency: Students, Employees, Entertainment and Recreation, Teachers.
Prisoners, and Courtroom Demeanor. Symbols, a seventh category with
the second smallest number of cases and cuts across bases used in other
categories, was established. A number of specific roles and situation-
al settings were identified in each category.

While the total population in this study is not known, the num-
ber of cases in three categories, in particular, were limited in this

study. Cases appearing in the Students, Entertainment and Recreation,

and Prisoners categories indicate the types of issues and decisions

150

commonly found in these categories.

The number of males bringing cases about personal appearance to
courts in the United States between 1879 and 1980 outnumbered females
three to one. Cases in the Symbols, Students, Lay Teachers, Employ-
ees and Prisoners categories were predominantly complaints raised by
males. Ninety-seven percent of the hair related cases were raised by
males. Questions involving clothing related issues were likely to be
raised by both males and females. About half of the cases involved
restrictions placed upon individuals in a work environment.

Personal appearance issues entering the courts, the majority of
which occurred between 1965 and 1980, involved the right of individuals
to express political, religious, racial, and moral viewpoints through
their personal appearance, to make individual choices regarding person-
al appearance, to select appearance aspects which were perceived by
others to be inappropriate or detrimental in certain settings, and to
appear innocent in a court of law.

The number of cases brought by males and the many references in
the opinions to the acceptance of different modes of dress and adorn-
ment for females but not for males, indicates that change in dress and
adornment was more readily accepted for women than for men. Cases
involving prison garb worn during a trial were unrelated to the sex of
the individual.

Objective 2. To determine the circumstances under which
individuals perceive that their freedom in

personal appearance selection was infringed
by other members of society.

In 132 of the 165 cases appearing in this study, fbrmal

151

sanctions were applied prior to personal appearance issues entering
courts of law. The majority of applied sanctions involved serious
consequences fer those to whom sanctions were directed. Three types of
formal sanctions were identified and include laws and ordinances, legal
procedures and dress and grooming codes.

Students were generally suspended, expelled or denied school
enrollment because they violated school dress and grooming codes.
Teachers and other employees were more often suspended, dismissed, dis-
charged, disqualified or transferred for noncompliance with prescribed
dress policies. Individuals in the Symbols and Entertainment and
Recreation categories were frequently arrested and convicted because
some aspect of their personal appearance broke the law. Those who did
not comply with judges' personal appearance standards were generally
issued contempt of court citations, received sentences and/or were
fined. Prison inmates were compelled to comply with prison dress and
grooming regulations. Seven of 165 cases specified that no sanction
was applied. In twenty-six cases, the subject of sanctions was either
not stated or not applicable.

Dress codes were located as early as 1879 but the majority of
them appeared between 1965 and 1980, a period of numerous changes in
our society. As a result of changes involving personal appearance, the
number of dress and grooming codes increased and many individuals who
were sanctioned for violating them took the matter to court. Sanctioned
individuals perceived that liberty included the right to appear as one
chooses and they were not willing to have that liberty infringed by

others.

 

 

 

152
Objective 3: To identify remedies available in courts
when personal appearance is an issue.

Individuals in eight cases took personal appearance issues to
court as a means of requiring employers, including school administrators.
to pay salaries which had already been earned or in an attempt to
receive monetary compensation for emotional injury. The alleged
emotional injuries were the result of personal appearance restrictions
or applied sanctions imposed by school or prison officials. In the
remaining 157 cases, individuals sought some form of legal action which
would allow them to continue to present the personal image of their
choice, as a means of not serving sentences which resulted from trials
involving some facet of their personal appearance, or to review trials
in which personal appearance may have negatively affected trial results.

Those actions which were not based on monetary awards included:
asking the court to order the person applying personal appearance
requirements or sanctions to stop enforcing the requirements or imposing
sanctions; having contempt of court citations cancelled or criminal con-
victions reversed; challenging city ordinances, state or federal
statutes, formal regulations. the denial of operating licenses and
orders of judges; requiring employers, including school authorities, to
restore the role held prior to noncompliance to imposed regulation or
sanction; or seeking release from prison.

Personal appearance issues were found to be recognized under
the First, Fifth, Ninth, Fourteenth and Twenty-first Amendments. Courts
based decisions in two thirds of the personal appearance cases appear-

ing in this study on constitutional grounds, and in particular, the

153

First and Fourteenth Amendments. Hair issues were more frequently
considered under the Fourteenth Amendment, and clothing issues under
the First Amendment. .

Decisions in the remaining cases were based on nonconstitut-
ional issues, such as the Civil Rights Act, the power of the court to
control the courtroom, statute interpretation, insufficient evidence
and cause, and discretion of the military.

Objective 4: To describe the judicial system to the layman
interested in personal appearance cases.

Personal appearance cases utilized the state court system almost
as frequently as the federal court system. This indicates that personal
appearance issues not only involved state constitutions and statutes.
and regulations imposed by cities, but were also within the jurisdiction
of the federal courts. This was not the pattern seen from 1879 through
1980, however. Before 1966, personal appearance cases appearing in this
study were heard in state courts, but as individual rights under the
federal constitution became better recognized, personal appearance cases
also appeared in federal courts. Hair issues appeared more often in
federal courts and clothing issues more often in state courts.

The majority of cases located in this study were resolved at
the United States Federal Appellate and District Court levels, ninety-
two of 165 cases. The majority of hair related issues were resolved at
these levels and the number of clothing related issues were resolved
about equally in both systems.

In analyzing data regarding state court systems according to

frequency counts and percentages, it should be remembered that the

154

majority of all cases in the United States are tried and resolved on

the trial court level. Because the trial courts generally do not write
or publish opinions, the total number of cases in which personal appear-
ance is an issue that are heard and resolved at this level is unknown.
Of the cases resolved in the state system appearing in this study, the
largest number of cases was resolved at the state supreme court level.

Objective 5: To identify parameters which the courts
associate with aspects of personal appearance.

Courts recognized freedom of choice regarding personal
appearance in eighty-one of 165 cases. Nine cases were not resolved.
Courts recognized freedom of choice in clothing slightly more frequently
than in hair. The three most comon judicial reasons for recognizing
this freedom are listed in order of declining frequency. Rules or
decisions sanctioning personal appearance were too narrow, vague,
arbitrary, capricious, unreasonable, discriminatory, or not sufficiently
explicit. Rules or decisions sanctioning personal appearance were held
unconstitutional. Rules imposed by schools, employers or the army were
not justified to the satisfaction of the court.

An interesting conclusion can be drawn from these findings.
While legal decisions which consider the same point of law are based on
decisions made in the past, decisions involving personal appearance were
not found to be inflexible. In some cases, courts recognized that
attitude changes produced different interpretations for established ways.
In other cases, courts held that intolerance or abuse of authority
abridged protected rights.

References to behavior occurred in forty-three personal

 

 

155

appearance cases and were found more often in facts presented by the
parties to the court than in court references to behavior. Where it
was established that disruptive behavior did not occur, courts
generally appeared to refer to and support freedom of choice in cloth-
ing selection more than in hair style selection. References to
behavior occurred more often in cases involving the roles of students
and lay teachers, and in the courtroom setting. In these roles and
settings, expectations may be better defined and personal appearance
issues which fall outside prescribed limits may result in more assertive
reactions by involved individuals. Behavior was not a factor in cases
appearing in the Government Symbols, Religious Teachers, Employees or
Prisoners categories.

Court references to traditional beliefs or emerging values
occurred in fifty cases. In thirty of these cases, personal appearance
choice was limited by the traditional beliefs held by the court. Cases
referring to traditional beliefs were relatively more numerous in the
courtroom setting and in the role of prisoners. In twenty cases, per-
sonal appearance selection was recognized because the court considered
it in light of emerging values. These cases were relatively more fre-
quent in the role of students. The issues appearing in the Entertain-
ment and Recreation category may have been the most perplexing because
the same number of references were made to traditional beliefs as to
emerging values. Based upon these findings, the personal appearance
issues which were both limited due to references to traditional beliefs
and recognized because of references to emerging values include: the

flag as wearing apparel, hair lengths and diverse styles, facial hair

156

preferences, ties, skirt lengths and topless dancing.

Individuals in thirty-six cases perceived that they had a
constitutionally protected right to express certain viewpoints through
their personal appearance. In seventeen of these cases, courts ident-
ified the following appearance issues as constituting Symbolic Speech
and Conduct protection: army uniform, flag shirt, flag with peace
symbol on helmet, flag patch upside down on jacket sleeve, Nazi uniform
and swastika, freedom button, black arm bands, burlesque, topless and
nude dancing, theatre H213, and jacket with inscription.

There were also cases in which the same symbols were used but
not considered symbolic by other courts. No hair issues were considered
symbolic. Cases were located in all categories except that of

Prisoners.

Recommendations for Further Study»

During the course of this study, a number of topics were located
which could be pursued in greater depth, the results of which would
contribute to existing information in the field of Clothing and Textiles.

In a number of opinions located in the Students category, judges
referred to a set pattern of decision making regarding student hair
related issues which were dependent upon the federal circuit in which
the case was heard. Because research revealed the existence of some
100 of these cases, twenty-eight of which are included in this study, a
time study is feasible to establish whether decisions within these
federal circuits held constant or changed with time throughout the hair

controversy time frame.

 

157

Another topic which a great deal has been written about recently
is the reaction of different judges on various court levels to personal
appearance in the courtroom. A survey designed to include a particular
court level or system could determine the existence and kinds of
personal appearance standards established by individual judges, court
levels or court systems. It could also be designed for more comparative
results, for example, between states.

A broader topic but one also pertaining to the courtroom setting
involves exploratory research which examines the impact and affect of
personal appearance and the physical environment upon judges, jurors and
participants. A more holistic approach combining Clothing and Textiles
and Housing could provide greater insight into the total picture for
both areas. Hazard and Gutman have already examined certain aspects of
furniture placement within the physical environment of the courtroom.

Research regarding defendants and witnesses who have been com-
pelled to try on articles of clothing or alter their personal appearance
for the purpose of identification prior to a trial, while on the witness
stand or under cross examination, discussed in "Limitations," is also
attainable. An analytic comparison of personal appearance alteration
in this situation would also permit insight into the impact of personal
appearance on judges or juries.

Contemporary issues particularly relevant to the field of
Clothing and Textiles involve safety aspects of consumer products. An
analysis of subject matter regarding flammability and protective
clothing could be obtained through data located in case law. The
results of this analysis could be beneficial and result in new methods

of problem solving in these areas.

 

 

APPENDICES

 

APPENDIX A

GLOSSARY OF TECHNICAL TERMS

GLOSSARY OF TECHNICAL TERMS

APPELLANT. The party who takes an appeal from one court or
jurisdiction to another. (Black's Law Dictionary, 4th ed.,
p. 126

APPELLATE. Having the power or authority to review and decide
appeals as a court. (Random House Dictionary_of the English
Language, 1969, p. 72)

APPELLEE. The party in a cause against whom an appeal is taken;
that is, the party who has an interest adverse to setting
aside or reversing the judgment. (Black's Law Dictionary,
4th ed., p. 126)

 

CASE LAW. The aggregate of reported cases as forming a body of
jurisprudence, or the law of a particular subject as evidenced
or formed by the adjudged cases, in distinction to statutes
and other sources of law. (Ibid., p. 272)

CIRCUIT COURTS. In several of the states, the name given to a
tribunal, the territorial jurisdiction of which may comprise
several counties or districts, and whose sessions are held in
such counties or districts alternately. These courts usually
have a general original jurisdiction. (Ibid., pp. 307-8)

CITATION OF AUTHORITIES. The reading, or production of, or
reference to, legal authorities and precedents, (such as
constitutions, statutes, reported cases, and elementary
treatises), in arguments to courts, or in legal textbooks,
to establish or fortify the propositions advanced. (Ibid.,
p. 309

CIVIL LAW. The body of laws of a state or nation regulating
ordinary private matters, as distinct from laws regulating
criminal, political, or military matters. (Ruudom House
Dictionary of the English Language, 1969, p. 271)

COMMON LAW. Is the origin of the Anglo-American legal systems.
English common law was largely customary law and unwritten,
until discovered. applied, and reported by the courts of law.
In theory. the common law courts did not create law but rather
discovered it in the customs and habits of the English people.

 

158

 

 

 

159

The strength of the judicial system in pre-parliamentary days
is one reason for the continued emphasis in common law systems
on case law. In a narrow sense, common law is the phrase
still used to distinguish case law from statutory law.
(Jacobstein and Mersky, 1977, p. xxv)

COMPLAINT. The plaintiff's initial pleading and, according to
the Federal Rules of Civil Procedure, is no longer full of
the technicalities demanded by the common law. A complaint
need only contain a short and plain statement of the claim
upon which relief is sought, an indication of the type of
relief requested, and an indication that the court has juris-
diction to hear the case. (Jacobstein and Mersky, 1977, p. xxvi)

CONTEMPT OF COURT. Any act which is calculated to embarrass,
hinder, or obstruct court in administration of justice, or
which is calculated to lessen its authority or its dignity.
(Black's Law Dictionauy, 4th ed., p. 390)

CONTROVERSY. A litigated question; adversary proceeding in a court
of law; a civil action or suit, either in law or in equity; a
justiciable dispute. (Ibid., p. 400)

COURT OF APPEALS. An appellate tribunal which, in Kentucky,
Maryland, the District of Columbia, and New York, is the court
of last resort. In Virginia and West Virginia, it is known
as the “supreme court of appeals"; in Connecticut, the Supreme
Court of Errors; in Massachusetts and Maine, the Supreme
Judicial Court. In other states the court of last resort is
known as the Supreme Court. In Texas the Courts of Civil
Appeals are inferior to the supreme court. (Ibid., p. 428)

CRIMINAL LAW. That branch or division of law which treats of
crimes and their punishments. (Ibid., p. 448)

CRIMINAL PROSECUTION. An action or proceeding instituted in a
proper court on behalf of the public, for the purpose of
securing the conviction and punishment of one accused of
crime. (Ibid., p. 449)

DAMAGES. Monetary compensation awarded by a court for an injury
caused b the act of another. (Jacobstein and Mersky, 1977,
p. xxvii

DEFENDANT. The person defending or denying; the party against
whom relief or recovery is sought in an action or suit.
(Black's Law Dictionauy, 4th ed., p. 507)

160

DIGEST. Is an index to reported cases. providing brief, unconnected
statements of court holdings or facts of cases. which is
arranged by subject and subdivided by jurisdiction and courts.
(Jacobstein and Mersky, 1977, p. xxvii)

DISTRICT COURT. Courts of the United States, each having
territorial jurisdiction over a district, which may include a
whole state or only part of it. Each of these courts is
presided over by one judge, who must reside within the district.
These courts have original jurisdiction over all admiralty and
maritime causes and all proceedings in bankruptcy, and over all
penal and criminal matters cognizable under the laws of the
United States. exclusive jurisdiction over which is not vested
either in the supreme or circuit courts. (Black's Law Dictionary.
4th ed.. p. 562)

 

DUE PROCESS OF LAW. A term found in the Fifth and Fourteenth
Amendments of the Constitution and also in the constitution of
many states. Its exact meaning varies from one situation to
another and from one era to the next, but basically it is
concerned with the guarantee of every person's enjoyment of his
rights. (Jacobstein and Mersky, 1977, p. xxvii)

EN BANC. Refers to a session where the entire bench of the court
will participate in the decision rather than the regular quorum
. . . the Circuit Courts of Appeal usually sit in groups of
three judges but for important cases may expand the bench to
nine members, when they are said to be sitting en banc. (Ibid.,
p. xxv11

ENJOIN. To require; command; positively direct. To require a
person, by writ of injunction from a court of equity. to perform,
or to abstain or desist from some act. (Black's Law Dictionauy,
4th ed., p. 623)

 

EQUITY. Justice administered according to fairness as contrasted
with the strictly formulated rules of common law. It is based
on a system of rules and principles which originated in England
as an alternative to the harsh rules of common law and which
were based on what was fair in a particular situation. One
sought relief under this system in courts of equity rather than
in courts of law. (Jacobstein and Mersky. 1977, p. xxviii)

FEDERAL QUESTION. Cases arising under Constitution of United States.
Acts of Congress, or treaties, and involving their interpretation
and application, and of which jurisdiction is given to federal
courts, are commonly described as involving a ”federal question.“
(Black's Law Dictionauy, 4th ed., p. 740)

161

HABEAS CORPUS AD SUBJICIENDUM. A writ directed to the person
detaining another, and commandin him to produce the body of
the prisoner (or person detained , with the day and cause of
his caption and detention . . . to do. submit to, and receive
whatsoever the judge or court awarding the writ shall consider
in that behalf . . . This is the well-known remedy for
deliverance from illegal confinement . . . (Ibid., p. 837)

HEADNOTE. Is a brief summary of a legal rule or significant
facts in a case, which, among other headnotes applicable to
the case, precedes the printed opinion in reports.
(Jacobstein and Mersky, 1977, p. xxix)

INDICTMENT. A formal accusation of a crime made by a grand jury
at the request of a prosecuting attorney. (Ibid., xxx)

INJUNCTION. A judicial process or order requiring the person or
persons to whom it is directed to do a particular act or to
refrain from doing a particular act. (Random House Dictionary
of the English Language, 1969, p. 732) ‘"

 

 

JUDGMENT. The official and authentic decision of a court of
justice upon the respective rights and claims of the parties
to an action or suit therein litigated and submitted to its
determination. (Black's Law Dictionagy, 4th ed., p. 977)

 

JURISPRUDENCE. The philosophy of law, or the science which treats
of the principles of positive law and legal relations.
(Ibid., p. 992)

LEGISLATION. The act of giving or enacting laws; the power to make
laws; the act of legislating; preparation and enactment of
laws; the making of laws by express decree. (Ibid., p. 1045)

MANDAMUS. This is the name of a writ . . . which issues from a
court of superior jurisdiction, and is directed to a private
or municipal corporation, or any of its officers, . . .
commanding the performance of a particular act therein
specified, and belonging to his or their public official. or
ministerial duty, or directing the restoration of the com-
plainant to rights or privileges of which he has been
illegally deprived. (Ibid., p. 1113)

MISDEMEANOR. Offenses lower than felonies and generally those
punishable by fine or imprisonment otherwise than in
penitentiary. (Ibid., p. 1150)

NUISANCE. That which annoys and disturbs one in possession of
his property, rendering its ordinary use or occupation
physically uncomfortable to him . . . Everything that endangers

 

162

life or health. gives offense to senses. violates the laws
of decency, or obstructs reasonable and comfortable use
of property. (Ibid., p. 1214)

OBITER DICTUM. Is an official, incidental conment, not necessary
to the fbrmulation of the decision, made by the judge in his
opinion which is not binding as precedent. (Jacobstein and
Mersky, 1977, p. xxxi)

ORDINANCE. Is the equivalent of a municipal statute. passed by
the city council and governing matters not always covered by
federal or state law. (Ibid., p. xxxii)

PERSONAL APPEARANCE. Includes that which covers the body for
protection, modesty and/or personal expression; that which
can be manipulated on the body; and that which is displayed
by physical stature and proportion of body form.

PLAINTIFF. A person who brings an action; the party who complains
or sues in a personal action and is so named on the record.
(Black's Law Dictionary, 4th ed., p. 1309)

PRECEDENT. An adjudged case or decision of a court of justice,
considered as furnishing an example or authority for an
identical or similar case afterwards arising or a similar
question of law. (Ibid., p. 1340)

PROMULGATE. To publish; to announce officially; to make public
as important or obligatory. (Ibid., p. 1380)

STARE DECISIS. Is the doctrine of English and American law which
states that when a court has formulated a principle of law
as applicable to a given set of facts. it will follow that
principle and apply it in further cases where the facts are
substantially the same. It connotes the decision of present
cases on the basis of past decisions. (Jacobstein and Mersky,
1977, p. xxxvi)

STATUTE. An act of the legislature declaring, commanding or
prohibiting something. (Black's Law Dictionary, 4th ed.,
p. 1581

SUPREME COURT. A court of high powers and extensive jurisdiction,
existing in most of the states. In some it is the official
style of the chief appellate court or court of last resort.

In others (such as New York) the supreme court is a court of
general original jurisdiction, possessing also (in New York)
some appellate jurisdiction, but not the court of last resort.
(Ibid.. p. 1609

 

163

SUPREME COURT OF THE UNITED STATES. The court of last resort
in the federal judicial system. It is vested by the
constitution with original jurisdiction in all cases
affecting ambassadors, public ministers, and consuls, and
those in which a state is a party, and appellate jurisdiction
over all other cases within the judicial power of the United
States . . . (Ibid.. Pp. 1609-10)

WRIT. A precept in writing, couched in the form of a letter,
running in the name of the king, president, or state,
issuing from a court of justice, and sealed with its seal,
addressed to a sheriff or other officer of the law, or
directly to the person whose action the court desires to
command, either as the commencement of a suit or other
proceeding or as incidental to its progress, and requiring
the performance of a specified act, or givin authority and
conmission to have it done. (Ibid., p. 1783)I

APPENDIX B

TABLES 0F SUPPORTING DATA

164

mu

eccseeewm
cwuz cwu: cwu:
u u em cwu:

 

 

"mhzmnahm

 

uecu mg

C um.m a w».vm mu m—uuek

 

uxwumu:m a Ecewwcs wNuz
c:ee ecu eeec xxx

emeum hueweem ueceem

o e e mcwcuowe

 

cwcmceeEez esece

 

mu

ccowwes cccc

mucuc we eecx ce mupw
mucuc we uuem ce muwe
uexeoc cw: ce mupe
e>ee_m uexeue ce muuw
uespez ce mupw

ucwcm muww

ume» eu_c

ececec mupw

mucuc we uuem ce mu—w eeuo mu—w
o u we ucucuo_e

 

euece

 

esmmu\ceess2\cuem esmmu\ceessz\epusew esmmuwceessz\e_uz mcewmw>we1esm

 

 

 

 

acme—E.» w>ow

 

"meomz»m

 

 

 

 

 

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

N. 1.1 |.i1illl.1.1..1 1i1 1111111 1,1 111 ll.“

.1 "Mill “PM 1111(11 I.- all]. Mlllil1

mccseeewm
ecuem
eeuuee
eceuumsz
cwu:
m o o m cwu:
hue
ecue msewmwwem ecue usewmwuem
m N e e mcwcuewu
msewewwex
"mmu:u<u»
mm um~.oH e ue.mu e umm.¢w mm m—uuew
eceu—m
meuue—su ecu uwsmucuc
ecewwc: ucuee eswm
mecum Ec< xeuwm cee:ee eeuw muecem xeuwm
mcouusm Eeeeecw czoe ecu cue Ecewwc: wxucx
HH m m m mcwcuewe
mewucm cuwecu
e>ucm
ecuem cwu:
eescwucee "mwzmeewm
—uueh a esmmu\ceeEs2\cuem esmmH\ceeEszxequee —1. esmmu\ceeEszxe»uz fimcewmw>wo1esm

 

 

il YA l1, .

.uesccueoe--.u-m ecsew

166

 

 

 

 

coo: mm o uc.m m uu.em eu muuuow

uwsaueaa ecu
ecewwce ceecue sewesz
eecu:epu< mcwcuepewscewwc: upem eeewcemecc
\memaucuxucewes\uemwe= ueccwu:

c e m e acceuowe
new:
tau: uecu
eeuuee
mccseeewm
eceuumsz
ecuem
cwu:

we e e um cwux

 

 

 

 

 

"mauzu<mh z<2h muzho mwmhoeazm

 

 

 

 

 

 

 

 

uecu em ueu N xmm w nmm uu mpuuew
ecum Ec< xeuum
eww
cumcee ucwxm ewwxucwcm\uexeue
u o u m eeweuo_e
eescwucee umceceuew hue
esemuwceess2\cuem smmuwceess2\epusew fl esmmu\ceessz\epu= ecewmw>wo1esm

 

 

 

 

.uesecueoe--.u1u ecsew

167

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

uecu mu 0 um.mm m aw.ee eu e—uuew
amuse cow eauc u.coz cuwusz
cewuewcemcu cuw: ucwcm1w ecue puewce—e
ease—m eexeez1cece\ceuue:m eww\uexeue
eceu—m cewuewcemcu cuw: uexeue
ceases uccxm ccaooeuwc cmuucccc
uu: mmcwcesee eue:
mu 0 m m mcwcueue
ecuem
usecwu:
N e o N cwuz
umezfizme zeexwxeoe
uecu mN uem uu new a nm N mpuuew
ecwecue ees2\mme»eew
eeecchewcec ecuuecw
ecwuu< mcwcuum mcwecue eesz\mme—eew
mcwcuum ees2\sewesz mmuce ce ecwuuwm heewc
ecwuu< ueecum hcuseumse mcwecue esemewcsm mcwcuum eesz
mu cu m N ecwcuepe
"zoww<mmemc ez< wzmzzu<wmuwzm
puuew esmmuxceeEszwcuee esemu\ceessz\euusew smmuwceeEszwepuz mcewmwswe1esm

 

 

”H131"... .“uhofififl "nan“.

l

” 17'1“.“1lull'u1u114“ 131%.“.“Iulh “1“ “.uahvalhniiu1u .".1 0"“ “nun-"1.. flu“ 1"“ 1““.."l1" ““411” Mllni I

 

.uesecucoe1-.u-m eueuw

168

.ucwguo_e. mu uewwuamuceu

 

 

 

 

 

 

 

 

uecu mu um~.e H e www.mm mu muuuew
Aeecweseev
hcwe:ee\eeuuee\ecuemu
H u o e mcwcuewe
e>ucmxusecwuc
xesesoc cwuw ewe
m e o m cwu:
cemwcc cu
puwch u mcwcso
cce: ecue cemwcc
NH e 0 Nu mcwcuepu

 

 

 

 

 

Eeecucsee ecu cu

 

"mxmzomuxm

 

wzwm

nlluhlh

11.1w.“

H

b.5553 E

MP" MM!

esmm_\ceess2\e—usew.fi

"I'll .ll1 1 .uln 1Y1

esmmu\ceeasz\e_uz mcewm

.uesewueoe1-.u

w>wo1e=m

-u ecsew

169

Table B-2.--Summary Results for Racial Classification.

 

 

 

 

 

 

 

 

mmmmwac. e. .. .... .: ucee-.... .. ... .. .mfcumecc -2
Category Issue Year State Decision/Reason
Students Freedom 1965 Miss. Lost/Disruption
Button
Refusing to 1970 Ga. Lost/Dress code not
Shave discriminatory
Teachers Goatee 1969 Fla. Won/Principal's
request was
discriminatory
Mustache 1970 Ala. Won/Principal's
request was arbitrary
Hair, Mustache, 1972 Miss. Won/Principal's
Goatee, Beard request was arbitrary
Employees Beard 1970 N.Y. Lost/Dress code not
religious
discrimination
Courtroom Head Covering 1970 Md. Won/Trial judge
Demeanor (Filaas) was biased
Beard 1973 S.C. Lost/Judge not
required to ask
jurors if they had
heard biases
Head Covering 1980 Mich. Case pending review
(Taboosh) by Mich. Supreme
Court
Prisoners Haircut, Shave 1970 Fla. Lost/Prison rules
in Prison did not infringe
rights

 

 

 

 

 

 

170

Table B-3.--Category Frequencies and Types of Sanctions.

 

.. “...—cu *‘ . -..-.”- L-**--‘='-=rtzm-::: new...”

Category/Number Sanctions/Number

 

 

1. Symbols
Government 15 Arrested and Convicted 15
Group Membership 4 Arrested and Convicted

H“

Refused Parade Permit
Total 19

 

11. Students
Hair 28 Suspended/Expelled 2

Denied Enrollment

Sent Home/Isolated

Not Stated

Clothing 11 Suspended/Expelled
Sent Home/Isolated
Not Stated

HwN No-hhi-I

Total 39

 

III. Teachers
Religious 8 Disqualify Teacher 4

Not Pay Salary, or Fine/

Indict School Authorities

Lay 12
Hair- 8 Suspended/Dismissed

Transferred

Not Stated

Clothing- 4 Suspended/Dismissed
Not Stated

1—nw Hues

Total 20

 

IV. Em lo ees
Hair 24 Suspended/Discharged 1

Called to Active Duty
Refused Employment
Faced Suspension
Question Dress Code
Not Stated

Clothing 7 Suspended/Discharged
Called to Active Duty
Refused Employment
Question Dress Code

Hide-0h HU'IHNU'IO

Total 31

 

 

{.1 _. M..— .c
—

 

Table B-3.--Continued.

Menu ‘33:“? m4: 1:13.82: _ . .

171

 

 

 

 

 

 

Category/Number Sanctions/Number
V. Entertainment 25 Arrested and Convicted O
and Recreation Received Summons 1
Denied Operating License 4
Denied Land Charter 1
Ordered to Revise Play 1
Ban on Nude Bathing 1
Not Stated 7
Tbtal 25
VI. Courtroom Demeanor
Hair 2 Cited for Contempt and Sentenced 1
Not Stated 1
Clothing 13 Verbal Reprimand 1
Banned from Courtroom 1
Given Sentence 1
Cited for Contempt 2
Cited for Contempt/and Removed 1
Cited for Contempt, Sentenced/
Fined 6
Not Stated 1
Total 15
VII. Prisoners
In the Courtroom 12 N.A.
In Prison 4
Hair- 3 Compelled to Shave, Have
Haircut, Trim Goatee 3
Clothing- 1 Forbidden Jewelry 1

Total 16

 

 

 

172

Table B-4.--Category Frequencies with which Hair and Clothing Issues
Were Heard by State and Federal Courts.

 

 

 

 

 

 

 

 

 

 

 

State Courts Federal Courts
Category
Trial Appellate Supreme District Appellate Supreme
1. Symbols
Government 19 7 6 3 4 2
Group
Membership 5 2 4 1 1 2
Total 24 9 10 4 5 4
11. Students
Hair 2 1 1 26 16 0
Clothing 6 O 4 5 4 1
Total 8 1 5 31 20 1
111. Teachers
Religious 9 2 6 O O 0
Lay
Hair 2 1 1 7 3 0
Clothing 1 1 O 3 2 D
Total 12 7 10 5 0
IV. Em lo ees
Hair 5 1 O 21 15 1
Clothing 0 O O 7 2 O
Tbtal 5 1 O 28 17 1
V. Entertain-
ment and
Recreation
Total 18 6 8 11 5 4
VI. Courtroom
Demeanor
r 2 O 2 O O 1
Clothing 17 7 6 1 1 1
Tbtal 19 7 8 1 I 2
VII. Prisoners
n t e
Courtroom 7 1 1 11 5 O
In Prison
Hair 1 O O 2 2 0
Clothing 0 0 O 1 O 0
Total 8 1 1 14 7 O

 

 

 

173

Table B-5.--Category Frequencies for Court Hierarchy Resolutions of
Personal Appearance Issues.

9.. . .
.... mm- .—--—-'-2..—-:‘ --2

 

 

 

 

 

 

 

 

 

 

 

State Courts Federal Courts
Category
Trial Appellate Supreme District Appellate Supreme
1. Symbols
Government 1 5 5 O 2 2
Group
Membership 1 O 1 O 1 1
Total 2 5 6 0
11. Students
air 0 1 1 10 16 0
Clothing 1 0 4 2 3 1
Total 1 1 5 12 19 1
111. Teachers
Religious O 2 6 O O 0
Lay
Hair 0 1 1 4 2 0
Clothing 0 1 1 2 0
Total 0 4 7 S 4 0
IV. Employees
Hair 2 1 O 6 14 1
Clothing 0 O 0 5 2 0
Total 2 1 O 11 16 1
V. Entertain-
ment and
Recreation
Total 3 4 7 4 3 4
VI. Courtroom
Demeanor
Hair 0 O 1 O 0 1
Clothing 1 5 5 O 1 1
Total 5 6 O 2
VII. Prisoners
In the
Courtroom O 0 1 6 5 O
In Prison
Hair 1 O O O 2 0
Clothing 0 O O 1 O 0
Total 1 O 1 7 7 O

 

 

 

174

Table B-6.--Category Frequencies of Behavioral References in Conjunction
with Personal Appearance Issues

“fi” ..—

 

x: 3 -‘

#9.-..mw‘ —

 

 

 

 

fi:;§§3"§4 Facts Available Decision/Behavior N Row q
Cases to the Court Reference by Court ”
Symbols: KKK, No disruption Lost, Garb/behavior
Group . were frightening
Membership KKK, No disruption Won, Fear of viol-
ence was not actual
violence
Am. Socialist Party Won, Fear of viol-
ence was not actual
violence; Party mem-
bers were permitted
to wear Nazi uniforms
Total 19 3 15.8
Smudents: No disruption 4 Won, 1 Lost
Hair

 

Did cause a
disruption

Disruption not
mentioned

Disruption not
mentioned

School had
problems in past

Disruption not
mentioned

School perceived
hair to be a dis-
ruptive influence

School perceived
hair to be a dis-
ruptive influence

 

2 Lost

Lost, Hair may
disrupt

Won, No disruption
Lost

Won, No disruption

Won

Won, Disturbances
could have been
counteracted

 

 

175

Table B-6.--Continued.

 

 

 

 

 

Category/ F f .
acts Available DeCision/Behavior

Numgggsof to the Court Reference by Court N Row %

Students:

Clothing 1 School uniform Decision not clear/
Uniforms substituted
because of
discipline concerns

1 Freedom buttons Won, No disruption
No disruption

1 Freedom buttons, Did Lost, disruption
cause disruption prevented school

functioning

1 Black arm band, Won, Peaceful
Peaceful protest

1 Black berets, did Lost, Disruption
cause disruption

1 Blue jeans, No Won
disruption

Total 39 19 48.7

Teachers: Lay

Hair 4 Beard, No disruption 2 Won, 2 Lost

1 Goatee, " Lost
1 Mustache, " Won
1 Hair, Mustache, Won
Goatee, Beard
No disruption
Clothing 1 Tie, No disruption Lost
1 Jacket, Shirt, Tie, Lost
No disruption
1 Black arm band, Won
No disruption
Total 20 10 50-

 

 

 

176

Table B-6.--Continued.

9’-

 

Category/

 

 

 

 

Total 15

 

 

 

Facts Available Decision/Behavior
Nu%::;S°f to the Court Reference by Court N R0" %
Entertainment 1 Nude Bathing, Lost, Numerous
& Recreation: Increasingly large bathers were a
numbers of nude threat to
bathers began to environment
frequent beach, no
rest rooms, no life
. guards, or parking
Total 25 1 4.
Courtroom
Demeanor:
Hair 1 Haircut Won, No disruption
Clothing 1 Hat Lost, Hat worn on
second day was even
more offensive
I Skirt length, Won
No disruption
1 Head covering, Won
No disruption
1 Jacket with Won
inscription,
No disruption
1 Tie, Disruption Lost
1 Sweater, open- Won
necked blouse,
No disruption
1 T-Shirt with Won
inscription.
No disruption
1 Nudity, Disruption Lost
1 Jacket, tie, Lost
Disruption
10 66.6

 

 

BIBLIOGRAPHY

 

BIBLIOGRAPHY

Books

Bailey, Stephen K.; Samuel, Howard 0.; and Baldwin, Sidney. Government
in America. New York: Henry Holt and Company, 1957.

 

Becker, H. S. Outsiders. New York: The Free Press of Glencoe, 1963.

Berman, Harold and Greiner, William R. The Nature and Function of Law.
New York: The Foundation Press. Inc., 1972.

 

Birenbaum, Arnold, and Sagarin, Edward. Norms and Human Behavior.
New York: Praeger Publishers, 1976.

 

Blake, Judith, and Davis, Kingsly. "Norms, Values, and Sanctions,"
Handbook of Modern Sociolo . Robert E. L. Faris (ed.). New York:
Rand. MCNa‘lly, 1964, PD. 4 -84.

 

Blumer, Herbert. Symbolic Interactionism Perspective and Method.
New Jersey: Prentice-Hall, Inc., 1969.

Burgoon, Judee K., and Saine, Thomas. The Unspoken Dialogue. Boston:
Houghton Mifflin Company, 1978.

Bush, George, and London, Perry. "On the Disappearance of Knickers:
Hypotheses for the Functional Analysis of the Psychology of
Clothing," guess. Adornment and the Social Order. Mary Ellen Roach
and Joanne B. Eicher (eds.)1 *NeinoFk: Jahn Wiley & Sons, Inc.,
1965. pp. 64-72.

Carr, Robert K.; Bernstein, Marver H.; and Murphy, Walter F. American
Democracy in Theory and Practice. New York: Holt, Rinehart ana
Winston, 1965.

Chafee, Zecharian, Jr., and Re, Edward 0. Cases and Materials on Equity,
Brooklyn: The Foundation Press, Inc., 1958.

Cohen, Morris L. How to Find the Law. Minn.: West Publishing Co.,
1976.

. Legal Research In A Nutshell. Minn.: West Publishing
to. 919780

 

177

 

178

Crawley, Ernest. "Nudity and Dress," Dress. Adornment and the Social
Order. Mary Ellen Roach and Joanne B. Eicher (eds.). New York:
John Wiley & Sons, Inc., 1965, pp. 46-50.

Diamond, Martin; Fisk, Winston Mills; and Garfinkel, Herbert. The
Democratic Republic. Chicago: Rand, McNally and Co., 19707—-

Durkheim, Emile. The Division of Labor in Societ . George Simpson,
Ph.D. Trans. Illinois: The Free Press. 1949.

Flemimg, James, Jr. Civil Procedure. Boston: Little, Brown and Co.,
65.

Frankel, Lionel H. Law, Power, and Personal Freedom. Minn.: West
Publishing Co., 1975.

 

Furguson, John H. and McHenry, Dean E. The AmericanISystem of
Governmeut, New York: McGraw-Hill 806k Co., 1965.

 

Gerth, Hans, and Mills, C. Wright. Character and social structure.
New York: Harcourt, Brace a World, Inc. 1964.

Goffman, Erving. "Attitudes and Rationalization Regarding Body
Exposure." Dress. Adornment and the Social Order. Mary Ellen Roach
and Joanne B. Eicher (eds ). NewTYork: John Wiley 8 Sons, Inc.,
1965. pp. 50-2.

Behavior in Public Placeu, New York: The Free Press,

 

 

1969.

. Relations In Public. New York: Basic Books, Inc.,
Publishers. 1971.

 

. The Presentation of Self in Everyday_Life, New York:
Doubleday Anchor'BoBks, 1959}

 

Harno, Albert J. Cases and Materialelun Criminal Law and Procedure.
Chicago: Callaghan & Company, 1950.

Horn, Marilyn. The Second Skin. Boston: Houghton Mifflin Company,
1968.

Hurlock, E. B. The Psyehology of Dress. New York: Ronald Press
Company, 1929i‘

Jacobstein, J. Myron, and Mersky, Roy H. Fundamentals of Le al
Research. New York: The Foundation Piess, Inc., 197 .

179

Lang, Kurt, and Lang, Gladys. "Fashion: Identification and
Differentiation in the Mass Society,“ Dress Adornment and the
Sociuj Order. Mary Ellen Roach and Joanne B. Eicher (eds.).
New York: John Wiley & Sons, Inc., 1965. PP. 332-46.

 

Langner, Lawrence. The Importance of Wearing_Clothes. New York:
Hastings House Publishers, 1959.

Laver, James. Clothes. New York: Horizon Press, 1953.
. Taste and Fashion. New York: Dodd, Mead & Company, 1938

Lintom§3galph. The Study of Man. New York: Appleton-Century-Crofts,

Pritchett, C. Herman. The American Constitution. New York: McGraw-
Hill Book Co.. Inc., 1959.

Roach, Mary Ellen, and Eicher, Joanne 8., eds. Dress, Adornment and
the Social Order. New York: John Wiley & Sons, Inc., 1965,
pp. 14. 188-9. 280.

Roach, Mary Ellen, and Eicher, Joanne B. The Visible Self. New Jersey:
Prentice-Hall, Inc., 1973.

Rudofsky, Bernard. The Unfashionable Human Body. New York: Anchor
Press/Doubleday, 1974.

Ryan, Mary Shaw. Clothing_ A Study in Human Behavior. New York:
Holt, Rinehart and Winston, Inc., 1966.

 

Sanfbrd, William R. and Green, Carl R. Basic Principles of American
Government. New York: Ansco School—Publications, Inc., 1977.

Scott, Marvin B., and Lyman, Stanford M. ImegRevolt of the Students.
Ohio: Charles E. Merrill Publishing Company, 1970.

Sherif. Muzafer, and Sherif. Carolyn. Social Interaction. Chicago:
Aldine Pub. Co. 1967.

Shibutani, Tamotsu. "Reference Groups as Perspectives," S bolic
Interaction. Jerome Manis and Bernard N. Meltzer (eds.l. Boston:
Afllyn and Bacon, Inc., 1975, pp. 160-71.

 

Stone, Gregory P. "Appearance and the Self," Dress, Adornment and the
Social Order. Mary Ellen Roach and Joanne B. Eicher (edsil
New York: John Wiley & Sons, Inc., 1965. pp. 216-45.

Sumner, William Graham. Folkways--A Study of the Sociological
Importance of Usages, Manners, Customs, Mores and Morals. Boston:
Ginn and Company. 1906.

 

180

Tribe, Lawrence H. American Constitutional Law. New York: The
Foundation Press, Inc., 1978.

Weinberg, Martin S. "Sexual Modesty and the Nudist Camp,“ Deviance,

The Interactionist Perspective, Earl Rubington and Martin S.
Weinberg (eds.). New York: The Macmillan Co., 1968. PP. 271-9.

Periodicals

 

Case Comments, "Discharging Teacher for Wearing Armband Violates First
Amengment Rights of Free Speech--," 7 Suffolk U. L. Rev. 197, 210
197 .

Comment, "Public Schools, Long Hair, and the Constitution." 55 Iowa
L. Rev. 707 (1970).

Coutu, Walter. "Role-Playing Vs. Role-Taking: An Appeal For
Clarification." American Sociological Review. 16, No. 1
(February. 1951), 180-7.

Dobbsz "Cogtempt of Court: A Survey." 56 Cornell L. Rev. 183, 284
1971 .

"Equal Protection Under the Law." Michigan Bar Journal. 59, No. 6
(June, 1979), 356.

Goldstein, "The Scope and Sources of School Board Authority to Regulate
Student Conduct and Status: A Nonconstitutional Analysis."
117 U. Pa. L. Rev. 373. 430 (1969).

Greenberg, “The Supreme Court, Civil Rights and Civil Dissonance."
77 Yale L. J. 1520. 1544 (1968).

Harms, Ernst. "The Psychology of Clothes." American Journal of
Sociology. 44 (September, 1938), 239-50.

Johnson, James J. "The Hippy As A Developmental Task." Adolescence.
4 (Spring, 1969), 35-42.

Joseph, Nathan, and Alex, Nicholas. "The Uniform: A Sociological
Perspective." American Journal of Sociology. 77, No. 4
(January, 1972), 719-30.

Kaufman, "The Medium, The Message and The First Amendment." 45 N.Y.U.
L. Rev. 761. 784 (1970).

Middleton, Martha. "Judges Object to Lawyers' Courtroom Behavior."
American Bar Association Journal. Vol. 66 (July, 1980), 834.

 

 

181

Miller, Sylvia A. “Old English Laws Regulating Dress." Journal of

Home Economics. 20 (February, 1928), 89-94.

Nahmod. "Controversy in the Classroom:
Freedom of Expression."

 

 

The High School Teacher and

Notes, "Symbolic Conduct." 68 Colum. L. Rev. 1091, 1126 (1969).

Oldham, "Questions of Exclusion and Exception Under Title VII -

"Sex-Plus"

Phillips, Joana E., and Staley, Helen K.
Four Centuries." Journal of Home Economics. 53 (October, 1961),

673-7.

and the BFDQ." 23 Hastings L. J. 55. 93 (1971).

"Sumptuary Legislation in

Recent Cases, 84 Harv. L. Rev. 1702, 1715 (1971).

Wood, S. M. ”Uniform-Its Significance As A Factor in Role-

Relationships.“ Sociological Review. New Ser., 14 (1966), 139-51.

Ziegler, "Employee Dress and Appearance Codes and Title VII of the

Civil Rights Act of 1964."

Bohannan, Paul.

46 Calif. L. Rev. 965. 1002 (1973).

Encyclopedias

“Law: The Legal System." International Encyclopedia

39 Geo. Wash. L. Rev. 1032, 1062 (1971)

 

of the Social Sciences. 9 (1968). 49-78.

 

Llewellyn, K. N.

3 (1930):

Sapir, Edward.
3 (1930).

Sapir, Edward.
6 (1930).

"Case Law." Encyclopedia of the Social Sciences.
249-54.

 

"Custom." Encyclopedia of the Social Sciences.
658-62.

 

"Fashion." Encyclopedia of the Social Sciences.
139-44.

17 Am Jur 2d Courts 2
21 Am Jur 2d Criminal Law 239
50 Am Jur 2d Lewdness, Indecency and Obscenity 449

Random House Dictionary of the English Language, Unabridged.

Dictionaries

 

 

Rinaom—Hbuse,’1969.

New York:

 

182

Black's Law Dictionary: Definitions of the Terms and Phrases of American
pug English Jurieprudence, Ancient ang_Modern with Guide to
:ronuqcimtion. Fourth Edition. St. Paul, Minn.: ‘West Publishing

0., 95 .

Newspapers

 

"Judicial Tyranny for Today's Youth." Chapel Hill (North Carolina)
Weekly. 24 May 1970, at 2, col 1.

 

Table of Cases

Adams Theatre Co. v. Keenan 96 A. 2d 519 (1953)
Adams Newark Theatre v. City of Newark 126 A. 2d 340 (1956)
Alberda v. Noell 322 F. Supp. 1379 (1971)
Anderson v. Laird 437 F. 2d 912 (1971)
Arnold v. Carpenter 459 F. 2d 939 (1972)
Aros v. McDonnell Douglas Corporation 348 F. Supp. 661 (1972)
Attwood v. Purcell and Wetzel 402 F. Supp. 231 (1975)
Bannister v. Paradis 316 F. Supp. 185 (1970)
Barker v. Taft Broadcasting Co. 549 F. 2d 400 (1977)
Bates v. Estelle 360 F. Supp. 1278 (1973)
Bentley v. Crist 469 F. 2d 854 (1972)
Bishop v. Colaw 450 F. 2d 1069 (1971)

Blackwell v. Issaquena County
Board of Education 363 F. 2d 749 (1966)

Blanchet v. Vermilion Parish
School Board 220 . 2d 534 (1969)

Brandenburg v. Ohio 89 S. Ct. 1827 (1969)

U)

Braxton v. Board of Public Instruction
of Duval County, Florida 303 F. Supp. 958 (1969)

Breen v. Kahl 296 F. Supp. 702 (1969)

 

183

Brick v. Board of Education, Sch. Dist.

No. 1. Denver, Colo.
Brook v. State of Texas
Brook v. Wainwright
Bujel v. Borman Foods, Inc.
Bundo v. Liquor Control Commission
Burlingame v. Milone
Burns v. Pomerleau
Burnside v. Byars
Byrne v. Resor
California v. LaRue
Campbell v. State

Carroll v. Talman Fed. Sav. & Loan
Ass'n of Chicago

Chapin v. Town of Southampton

City of Kenosha v. Bruno

City of Miami v. Wolfenberger
Clark v. City of Fremont, Nebraska

Cohen v. California

Collin v. Smith

Collin v. Smith
Commonwealth v. Goguen
Commonwealth v. Herr
Commonwealth v. Morgan
Conrad v. Goolsby

Crews v. Cloncs

305 F. Supp. 1316 (1969)
381 F. 2d 619 (1967)

428 F. 2d 652 (1970)

384 F. Supp. 141 (1974)
383 N.W. 2d 860 (1979)
310 N.Y.S. 2d 407 (1970)
319 F. Supp. 58 (1970)
363 F. 2d 744 (1966)

412 F. 2d 774 (1969)

93 S. Ct. 390 (1972)

338 S.W. 2d 255 (1960)

448 F. Supp. 79 (1978)
457 F. Supp. 1170 (1978)
93 S. Ct. 2222 (1973)
265 S. 2d 732 (1972)

377 F. Supp. 327 (1973)

91 S. Ct. 1780 reh. den.
92 S. Ct. 26 (1971)

447 F. Supp. 676 (1978)
578 F. 2d 1197 (1978)
279 N.E. 2d 666 (1972)
78 A. 68 (1910)

331 A. 2d 444 (1975)

350 F. Supp. 713 (1972)
303 F. Supp. 1370 (1969)

 

184

Crossen v. Fatsi

Davis v. Firment

Matter of De Carlo

Delorme v. Texas

Dodge v. Giant Food, Inc.

Donohue v. Shoe Corporation of Am.
Doran v. Salem Inn, Inc.

Dunham v. Pulsifer

Owen v. Barry

Eaddy v. People

Earwood v. Continental Southern
Lines, Inc.

Eastern Greyhound L. 0. v. New York
St. Div. of Human Rights

East Hartford Education Ass'n v.
Board of Education

Fagan v. National Cash Register Company

Ferrell v. Dallas Independent School
District

Finot v. Pasadena City Board
of Education

Forstner v. City and County of
San Francisco

Fountain v. Safeway Stores, Inc.
Franz v. Commonwealth

Freeman v. Flake

Friedman v. District Court
Gaito v. Brierley

Gerhardt v. Heid

309 F. Supp. 114 (1970)
269 F. Supp. 524 (1967)
357 A. 2d 273 (1976)

488 S.W. 2d 808 (1973)
488 F. 2d 1333 (1973)
337 F. Supp. 1357 (1972)
95 S. Ct. 2561 (1975)
312 F. Supp. 411 (1970)
483 F. 2d 1126 (1973)
174 P. 2d 717 (1946)

539 F. 2d 1349 (1976)
265 N.E. 2d 745 (1970)

405 F. Supp. 94 (1975)
481 F. 2d 1115 (1973)

392 F. 2d 697 (1968)
58 Cal. Rptr. 520 (1967)

52 Cal. Rptr. 621 (1966)
555 F. 2d 753 (1977)

186 S.E. 2d 71 (1972)
320 F. Supp. 531 (1970)
611 F. 2d 77 (1980)

485 F. 2d 86 (1973)

267 N.W. 127 (1936)

 

 

 

185

Gianatasio v. Whyte
In re Giannini

Goguen v. Smith
Greenwald v. Frank
Griffin v. Tatum

Hall v. Cox

Ham v. South Carolina
Hammer v. State
Hander v. San Jacinto College
Harris v. Kaine

Hatch v. Goerke
Hernandez v. Beto

Hernandez v. School District Number
One, Denver, Colo.

Hill v. Estelle

Ho Ah Kow v. Nunan
Hoffman v. United States
Holsapple v. Woods

Hysong v. School Dist. of Gallitzin
Borough

Jackson v. Dorrier

James v. Board of Education of
Central Dist. No. 1, Etc.

Johnson v. Joint School Dist. No. 60.
Birgham County. Idaho

Jones v. Day
Kamerling v. O'Hagan
Karr v. Schmidt

426 F. 2d 908 (1970)
444 P. 2d 535 (1968)
343 F. Supp. 161 (1972)
337 N.Y.S. 2d 225 (1972)
425 F. 2d 201 (1970)
324 F. Supp. 786 (1971)
93 S. Ct. 848 (1973)

89 N.E. 850 (1909)

519 F. 2d 273 (1975)
352 F. Supp. 769 (1972)
502 F. 2d 1189 (1974)
443 F. 2d 634 (1971)

315 F. Supp. 289 (1970)
537 F. 2d 214 (1976)

12 Fed. Gas. 252 (1879)
445 F. 2d 226 (1971)
500 F. 2d 49 (1974)

30 A. 482 (1894)
424 F. 2d 213 (1970)

461 F. 2d 566 (1972)

508 P. 2d 547 (1973)
89 S. 906 (1921)

512 F. 2d 443 (1975)
460 F. 2d 609 (1972)

 

 

186

Kelley v. Johnson
Kersevich v. Jaffrey District Court

King v. Saddleback Junior College
District

Knott v. Missouri Pac. Ry. Co.

Knowlton v. Baumhover

Laffey v. Northwest Airlines, Inc.

Laffey v. Northwest Airlines, Inc.
Lanigan v. Bartlett a Co., Grain
Lansdale v. Tyler Junior College

LaRocca v. Lane

Leonard v. School Committee of

Longo v. Carlisle DeCoppet & Co.

Lucia v. Duggan

Lucifer's Gate v. Town of Van Buren, Etc.
Massie v. Henry

McFalls v. Peyton

McMillan v. State

Michini v. Rizzo

Mick v. Sullivan

Miller v. Jersey Coast Resort Corporation

Miller v. School District Number 167,
Cook County, Ill.

Morrison v. Hamilton County Board
of Education

Morrow v. Roberts

Nat. Socialist Party of America v.
Village of Skokie

96 S. Ct. 1440 (1976)
330 A. 2d 446 (1974)

445
527
166
374
366
466
470
338
212
537
303
373
455
270
265
379
476

130

495
494

den.

467

F. 2d 932 (1971)
F. 2d 1249 (1975)
N.W. 202 (1918)
F. Supp. 1382 (1974)
F. Supp. 763 (1974)
F. Supp. 1388 (1979)
F. 2d 659 (1972)
N.E. 2d 606 (1975)
N.E. 2d 468 (1965)
F. 2d 685 (1976)
F. Supp. 112 (1969)
N.Y. 2d 304 (1975)
F. 2d 779 (1972)

F. Supp. 577 (1967)
A. 2d 453 (1970)

F. Supp. 837 (1974)
F. 2d 973 (1973)

A. 824 (1925)

F. 2d 658 (1974)

S.W. 2d 770, cert.
94 S. Ct. 548 (1973)

S.W. 2d 393 (1971)

97 S. Ct. 2205 (1977)

187
Nat. Socialist Party of America v.
Village of Skokie

Nat. Socialist Party of America v.
Village of Skokie

Nat. Socialist Party of America v.
Village of Skokie

New Rider v. Board of Education of
Ind. Sch. Dist. No. 1, Okl.

Noonan v. Green
O'Connor v. Hendrick

Parr v. Municipal Court For Monterey-
Carmel J.D.

P.B.I.C., Inc. v. Byne
Peck v. Stone

People v. Berkowitz
People v. Burke

People v. Burke

People v. Cogborn

People v. Collins

People v. Cowgill

People v. Gorman

People v. Rainey

People v. Sheriff of Erie County
People v. Watts

People Ex. Rel. Karlin v. Calkin
Pugsley v. Sellmeyer

Raderman v. Kaine

98 s. Ct. 14 (1977)
366 N.E. 2d 347 (1977)
373 N.E. 2a 21 (1978)

480 F. 2d 693 (1973)
80 Cal. Rptr. 513 (1969)
77 N.E. 612 (1906)

479 P. 2d 353 (1971)

313 F. Supp. 757 (1970)
304 N.Y.S. 2d 881 (1969)
308 N.Y.S. 2d 1 (1970)
276 N.Y.S. 402 (1934)

196 N.E. 37% (1935)
Michigan Court of Appeals
No. 77-3143 (Nov 30, 1978)
(Unpublished Opinion)

373 N.E. 2d 750 (1978)

78 Cal. Rptr. 853 (1969)
8 N.E. 2d 862 (1937)

36 Cal. Rptr. 291 (1964)
206 N.Y.S. 533 (1924)

384 N.E. 2d 453 (1978)
162 N.E. 487 (1928)

250 S.W. 538 (1923)

411 F. 2d 1102 (1969)

188

Ramsey v. Hopkins
Rawlings v. Butler
Richards v. Thurston

Richter v. Dept. of Alcoholic
Beverage Control

Roberts v. General Mills, Inc.
Roth v. United States
Royal v. Superior Court of New Hampshire

Royal v. Superior Court of N. H.,
Rockingham County

Salem Inn, Inc. v. Frank
Sandstrom v. State

Schacht v. United States

School District No. ll-J v. Howell

Scott v. Board of Ed., U.F. Sch. Dist.
N0. 17, Hicksville

Seale v. Manson

Sims v. Colfax Community School District
Smith v. Goguen

Smith v. Resor

Southeastern Promotions. Ltd. v. Conrad
St. Jules v. Beto

State v. Baysinger v. Clark v. Kitty
Kat Lounge, Inc.

State v. Brown
State v. Claxton
State v. Kasnett

320 F. Supp. 477 (1970)
290 S.W. 2d 801 (1956)
424 F. 2d 1281 (1970)

559 F. 2d 1168 (1977)
337 F. Supp. 1055 (1971)
77 5. Ct. 1304 (1957)
531 F. 2d 1084 (1970)

397 F. Supp. 260 (1976)
522 F. 2d 1045 (1975)
309 S. 2d 17 (1975)

90 S. Ct. 1555 (1970)
517 P. 2d 422 (1973)

305 N.Y.S. 2d 601 (1969)
326 F. Supp. 1375 (1971)
307 F. Supp. 485 (1970)
94 S. Ct. 1242 (1974)
406 F. 2d 141 (1969)

95 S. Ct. 1239 (1975)
371 F. Supp. 470 (1974)

397 N.E. 20 580 (1979)
133 N.E. 2d 333 (1956)
501 P. 2d 192 (1972)

297 N.E. 2d 537 (1973)

189

State v. Mitchell

State v. Royal

State v. Saionz

State v. Waterman

State Ex. Rel. Johnson v. Boyd

Stevenson v. Board of Ed. of
Wheeler County, Georgia

Stradley v. Anderson

Stull v. School Board of Western
Beaver Jr.-Sr. H.S.

Tardiff v. Quinn
Tinker v. Des Moines School District
United States v. Social Service Dept.

United States Ex. Rel. Robson v.
Malone

Valentine v. Independent School
District

Wallace v. Ford

Watt v. Page
Williams v. Hathaway
Williams v. Kleppe

Willingham v. Macon Telegraph
Publishing Co.

Xanthull v. Beto
Yauch v. State, City of Tucson
Zellers v. Huff

288 N.E. 2d 216 (1972)
305 A. 2d 676 (1973)
261 N.E. 2d 135 (1969)
190 N.W. 2d 809 (1971)
28 N.E. 2d 256 (1940)

426 F. 2d 1154 (1970)
478 F. 2d 188 (1973)

459 F. 2d 339 (1972)
545 F. 2d 761 (1976)
89 S. Ct. 733 (1969)
263 F. Supp. 971 (1967)

412

183
346
452
400
539

507
307
514
236

F

N
F
F

F.

'0 .0 "1 'fl
0 o o

. 2d 848 (1969)

.W. 435 (1921)

. Supp. 156 (1972)
. 2d 1172 (1972)
Supp. 122 (1975)
. 2d 803 (1976)

2d 1084 (1975)
Supp. 903 (1970)
2d 709 (1973)
. 2d 949 (1951)

MICHIGAN STATE UNIV. LIBRARIES
llWWWVIII“WWIWllll(IIHIWHIIIWN"WI
31293101957946