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It does fall under the First Amendment (Freedom of Expression) and can, but this is rocky terrain. In a venue such as a school, where one's mode of dress can reasonably be considered disruptive, the manner of dress is not protected. In a public venue where one's clothing might represent a clear protest to the wars in Iraq or Afghanistan, or in general the "War on Terror," the Department of Homeland Security has determined that this could be an act of terrorism. Additionally, if the clothing in anyway can be considered a "breach of peace" or in any way can represent "fighting words," it is by no means protected.

From the Supreme Court decision in Chaplinsky v. New Hampshire, 1942:

There are certain well-defined and narrowly limited classes of speech [expression], the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting words" those that by their very utterance [expression] inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances [expressions] are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.

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Q: Does freedom of speech cover clothing choices?
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