Cap and Gown Trumps Tribal Dress at Graduation

An Oglala Sioux public high school senior is not likely to prevail on his claim that the school board’s requiring him to wear a cap and gown over his traditional Lakota regalia and clothing to receive his diploma at graduation violates the Free Speech Clause, the U.S. District Court for the District of South Dakota held May 18. The student’s “intent to convey a particularized message” by wearing only tribal clothing and regalia—that “he is a Lakota man honoring his people and his heritage during a special event in his life”—is expressive conduct protected by the First Amendment, the court ...