14 Pages Posted: 4 Sep 2006
Even in the legal arena, fashion is a topic of utmost importance. Fashion can overturn criminal convictions. Fashion has also had communicative aspects from time immemorial. This article therefore examines the impact of fashion, as a means of self-expression, on law. It reaches the conclusion that every junior high girl knows: how you dress expresses who you are. In other words, Fashion is Speech. Because appearance is inherently communicative, cases involving the regulation of dress and appearance should be decided under strict scrutiny. Government must advance a compelling justification for such regulation. It is especially important to maintain this strict standard when the speech in question occurs in school.
Keywords: clothing, fashion, speech, expression, schools, Tinker, hair, religion, First Amendment
Suggested Citation: Suggested Citation
Chen, Kathleen and Grantmore, Gil, Lex and the City. Georgetown Law Journal, Vol. 91, 2003. Available at SSRN: https://ssrn.com/abstract=928108