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SHOULD BAGGY PANTS BE OUTLAWED IN SCHOOL?

Should Baggy Pants Be Outlawed in School?
Tameeka Brown
Southern New Hampshire University
September 26, 2013

Should Baggy Pants Be Outlawed in School?

Do you agree with these arguments in favor of banning baggy pants? Can a person argue that wearing no clothes at all is also a form of free speech? Do you believe that a law prohibiting people from wearing underwear only would be unconstitutional? Can any limits be placed upon what clothing one may wear?

I have to admit, my first response was yes, I agree that baggy pants should be outlawed. However after careful consideration, No I don’t agree. Our kids should have the right to express themselves freely. A child’s pants sagging in my opinion should not be viewed as an obscenity (FindLaw). I believe it could be seen as disrespectful which is far different from offending my person. The first amendment allows for all people to have freedom of voice and the right to carry expressions outwardly.

Some would argue that wearing no clothes is a form of free speech and in most cases law enforcement would disagree. In the case of Miller VS California, also dubbed the, “Three Prong Obscenity Test”, the courts established guidelines to test what could be consider obscene.

This test has three parts:
Could an average person using free ethics view the expression as indecent?
Could the expression be described as vulgar and sexually explicit?
Could the expression be determined worthless, without value?
All parts need to be reasonably satisfied for the offense to be deemed as obscene (Cornell University Law School). In lieu of this case, I would agree that being naked publically would be offensive. However in an adequate place, a nude beach or nude camp this expression is appropriate.

Do you believe that a law prohibiting people from wearing underwear only would be unconstitutional? Banning a person from certain ensembles is unconstitutional; some attire can be directly related to a religious preference, or could be medically needed. In any case restricting humans from the choice is unconstitutional.
Can any limits be placed upon what clothing one may wear? People should have the right to wear whatever they want within reason to another person’s space.

References

FindLaw For Legal Professionals, First Amendment – US Constitution (20030. Retrieved
September 26, 2013 from http://constitution.findlaw.com/amendment1/amendment.html

Cornell University Law School, Legal Information Institute (1992). Miller v. California (No. 70-73). Retrieved September 26, 2013 from http://www.law.cornell.edu/supct/html/historics/USSC_
CR_0413_0015_ZS.html

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