Torvik v. Decorah Community Schools

453 F.2d 779 · Court of Appeals for the Eighth Circuit · Jan 5, 1972

Full text

Peter TORVIK, a Minor, by His Mother, Eleanor M. Torvik Kai Kaasa, a Minor, by His Father, Harris Kaasa, and Keith Uhlenhopp, a Minor, by His Mother, Geraldine Uhlenhopp, Not Appealing v. DECORAH COMMUNITY SCHOOLS and Wayne W. Burns, Superintendent, and Applington Community Schools, and Clifford McKee, Superintendent, Not Appealing

Opinions in this case

PER CURIAM. School officials appeal the decision of the district court which found a school regulation requiring all male school students to conform their hair style to certain approved standards violative of an individual’s constitutional rights. We affirm. A regulation governing hair style of students cannot be sustained simply because it is promulgated by school authorities. Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). This approach would otherwise condone prohibition of any recognized constitutional right. Every individual enjoys the liberty to wear the hair style he chooses. Before the state can intrude into recognized areas of privacy and freedom there must exist some rational basis to justify paternal control. This court recently found that no rational relation exists between a similar school regulation and the educational goals and processes of school administration. Bishop v. Colaw, 450 F.2d 1069 (8 Cir. 1971). We affirm the decision of the District Court under the analysis written in Bishop. Judgment affirmed.