Freeman v. Flake
Headline: Court declines to decide whether public schools may bar students for hairstyles, denying review and leaving conflicting appeals-court rulings in place, affecting students challenging school hair rules across circuits.
Holding: The Court denied review and therefore left unresolved whether public schools may constitutionally refuse to permit a student to attend solely because of the student’s hairstyle.
- Leaves conflicting circuit court rulings on school hair rules in effect.
- Students challenging hair policies get no Supreme Court resolution now.
- School officials may still enforce hair rules where appeals courts allow it.
Summary
Background
The Supreme Court declined to review a Tenth Circuit case about whether a public school may refuse to let a student attend solely because his hairstyle displeased school authorities. The Court also denied review in a related case, Olff v. East Side Union High School District. Lower federal appeals courts have disagreed about school hair regulations, producing conflicting outcomes around the country.
Reasoning
By denying review, the Court did not answer the core question of whether schools can constitutionally exclude or discipline students for their hairstyles. The opinion contains no majority explanation of the constitutional issue. Justice Douglas wrote a dissent saying the Court should have taken the case because eight federal appeals courts have addressed the question and reached widely differing results. He pointed out that four circuits upheld school hair rules while four struck them down, and he argued the issue touches the First Amendment (free speech) and the Ninth Amendment (other unenumerated rights).
Real world impact
The immediate effect is continued legal uncertainty: the split among appeals courts remains, so students and school officials will face different legal standards depending on the federal circuit. Challenges to school hair policies will continue in lower courts while the Supreme Court has left the question open. Because the Court denied review, this outcome is not a final national ruling and could be revisited later.
Dissents or concurrances
Justice Douglas’s dissent explains the circuit split and urges the Court to resolve the conflict to protect constitutional rights and provide a uniform rule for schools and students.
Opinions in this case:
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