there are two main arguments presented in the articles to ban saggy pants: 1) wearing this style of clothing causes a person to have an unprofessional attitude, which results in the lack of interest to become educated, and 2) wearing saggy pants might cause health problems. In my mind, the arguments lacked evidence such as studies, statistics, or concrete proof that wearing saggy pants is behind either issue; these accusations need more credibility before I could be convinced that saggy pants should be banned.
From time to time we read about court cases where activists argue to legalize public nudity, so I think a person could certainly make a case that nudity is a form of free speech. Most often the nude activists argue that their first amendment rights are being violated, and that public nudity is a form of expression. Courts generally agree that public nudity does not violate first amendment rights, which was illustrated in San Francisco in 2013 when a lawsuit was against the city was dismissed (Dotinga, 2013). How “expression” is defined seems to be the point of debate.
It could be argued that laws which prohibit people from wearing only underwear in public would be unconstitutional, but a form of regulation should be in place which defines proper dress codes. If I owned an indoor play gym for children, I would not want adults wearing underwear and walking around in the facility. However, if I was at a public swimming pool and someone was wearing a speedo or bikini type swimsuit, it would be entirely appropriate. The dress code should be written in a way that would not single out any certain group of people; for instance, if a shopkeeper had a sign that read “no shirt, no shoes, no dresses, - No Service!” it could be interpreted as sexist, exclusionary, or targeting a particular group. A sign which said “Proper dress code appreciated – All are Welcome!” would be a statement that promoted modesty, but not discrimination.
Limits are placed the on the clothing people may wear. I recently read where a student was asked to change out of a t-shirt at school that stated “Virginity Rocks!” (Tuc, 2014). In another case students were sent home from school for wearing American flag t-shirts on the Cinco De Mayo holiday; school Administrators argued that safety concerns outweighed the students’ First Amendment claims, as this provoked tensions among different cultures (Shoichet, 2014). Dress codes are common for most private businesses, defining what would be deemed appropriate clothing within the organization. We also see dress codes in the public sector, including the military, police, fire fighters or letter carriers. All of these are examples of rules that are in place to regulate the clothing that people may wear, depending on the environment they are in. Reference:
Dotinga, W. (2013). S.F. Nudity Ban Survives Free-Speech Claims. Courthousenews.com. Retrieved 2/9/15 from http://www.courthousenews.com/2013/01/29/54376.htm
Shoichet, C. (2014). Court: School was within its rights to ban U.S. flag T-shirts on Cinco de Mayo. Cnn.com. Retrieved 2/9/15 from http://www.cnn.com/2014/02/27/justice/california-school-american-flag-shirts/
Tuc, L. (2014). School Bans Teen's 'Virginity Rocks' T-Shirt. Yahoo.com. Retrieved 2/9/15 from https://www.yahoo.com/style/chloe-rubiano-virginity-rocks-t-shirt-97738572298.html