Lex and the City

14 Pages Posted: 4 Sep 2006  

Kathleen Chen

University of Minnesota - Twin Cities - Department of English

Gil Grantmore

Jurisdynamics Network

Abstract

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

Chen, Kathleen and Grantmore, Gil, Lex and the City. Georgetown Law Journal, Vol. 91, 2003. Available at SSRN: https://ssrn.com/abstract=928108

Kathleen Chen (Contact Author)

University of Minnesota - Twin Cities - Department of English ( email )

207 Lind Hall
207 Church Street S.E.
Minneapolis, MN 55455-0134
United States

Gil Grantmore

Jurisdynamics Network ( email )

c/o Jim Chen
648 North Shaw Lane
East Lansing, MI 48824
United States

HOME PAGE: http://www.jurisdynamics.net

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