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BLAU v. FORT THOMAS PUBLIC SCHOOL DIST.

No. 03-6337.

401 F.3d 381 (2005)

Robert E. BLAU, individually and as parent of Amanda Blau, a minor, Plaintiff-Appellant, v. FORT THOMAS PUBLIC SCHOOL DISTRICT, et al. Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert E. Blau, Jolly, Blau, Kriege & Turner, Cold Spring, Kentucky, for Appellant. David J. Kellerman, Middleton Reutlinger, Louisville, Kentucky, for Appellees. ON BRIEF: Robert E. Blau, Jolly, Blau, Kriege & Turner, Cold Spring, Kentucky, for Appellant. David J. Kellerman, Mark S. Fenzel, Rebecca Grady Jennings, Middleton Reutlinger, Louisville, Kentucky, Donald J. Ruberg, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Appellees.

Before: SILER, SUTTON, and FARRIS, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

In 2001, Highlands Middle School, which is located in Fort Thomas, Kentucky, adopted a dress code for its students. On behalf of his daughter, Amanda Blau, then in the sixth grade at Highlands Middle School, and himself, Robert Blau challenged the constitutionality of the regulation, claiming that it violates (1) Amanda's First Amendment right to freedom of expression, (2) her substantive-due-process right to wear the clothes...

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