21 T. Marshall L. Rev. 185 (1995-1996)
Son, Get a Haircut or Leave My School--Hair Length Restriction for Male Students Upheld by Texas Supreme Court in Barber v. Colorado Independent School District

handle is hein.journals/thurlr21 and id is 645 raw text is: SON, GET A HAIRCUT OR LEAVE MY
SCHOOL? HAIR LENGTH RESTRICTION FOR
MALE STUDENTS UPHELD BY TEXAS
SUPREME COURT IN BARBER v. COLORADO
INDEPENDENT SCHOOL DISTRICT
HiGINiO GAMiz
I.   Introduction  ...........................................  185
II. Synopsis Of The Case .................................      188
III. History and Background ...............................     191
A. Does a student's hair length have constitutional        191
protection?  .......................................
B.   Ferrell v. Dallas Independent School District ......  196
C. Karr v. Schmidt ..................................      198
D. Mercer v. Bd. of Trustees .........................     200
VI. Analysis of Barber v. Colorado Independent School           202
D istrict ................................................
A. Standard of Review ...............................      202
B.   Majority Opinion .................................    202
C. Dissenting Opinion ................................     205
V.   Conclusion  ............................................   208
INTRODUCTION
The Texas Supreme Court's decision supported the efforts of
school authorities to enforce hair length regulations which may demand
that a male student cut his hair or risk being suspended.2 Today, student
challenges of hair length provisions are not as prevalent as in the past
when a barrage of cases, perhaps encouraged by the United States
Supreme Court's ruling in Tinker v. Des Moines Indep. Community
Sch. Dist. ,3 claiming that such regulations deprived students of their
I. Barber v. Colorado Indep. Sch. Dist., 901 S.W.2d 447 (Tex. 1995).
2. Id.
3. Tinker v. Des Moines Indep. Community Sch. Dist., 393 U.S. 503 (1969). The Court in
Tinker held that students wearing black armbands in protest of the war in Vietnam was protected
by the First Amendment. Id. at 505-06. See also Comment, Long Hair and the Law, 24 KAN. L.
REV. 143 (1975), Recent Cases-Constitutional Law-School and School Districts, 84 HARv. L.
Rav. 1702 (1971), and W.E. Shipley, Annotation, Validity Of Regulation By Public School
Authorities As To Clothes Or Personal Appearance Of pupils, 14 A.L.R.3d 1201 (1967).

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