The Expressive Conduct Problem
�When does dress become expressive conduct under the First Amendment?
�Developing Rule: Conduct is protected if a reasonable
person interprets it as expressing
some sort of message.�
lFlorida case: Bar-Navon
v. School Board of Brevard
County, 2007 WL 121342 (N.D. Fla. 2007); Prohibition on body piercing upheld � no evidence of students intended message.
lDecided by Judge Patricia Fawcett
�Caution: Next
case may meet evidentiary threshold
for �particularized message.�