Piercings And Tattoos Should Be Protected By The First Admendment

Because many people see their tattoos as a form of personal speech, they believe that the First Amendment of the Constitution protects their right to display their tattoos. However, the First Amendment protects against government efforts to stifle speech, not the efforts of private actors (such as employers in the private sector).

Piercings and tattoos should be protected by the first admendment. In consideration of this modern understanding of tattooing, some courts have determined that the act of tattooing is protected under the First Amendment. This is a much-needed change in First Amendment jurisprudence; tattooing should be considered artistic expression and protected under the First Amendment. The tattoos we get and the parlors that provide them to us should be protected by our first amendment, and not regulated by the government. Tori Murphy Report Add Reply Employees who work in the private-sector do not, as a rule, have First Amendment protection for their speech in the workplace. On one level, a private sector employer could take the absence of a direct First Amendment right as providing free rein to discipline, terminate or retaliate against employees for their speech in the workplace. While tattoos and body piercings have become more mainstream, they still cause some to blanch. And where there's blanching, there may also be some employment discrimination.. the most common of which is that the tattoo or piercing is protected by the First Amendment (freedom of speech or expression). Tattoos and piercings are considered to.

The company policy on tattoos will often not state that tattoos themselves are prohibited… just that they can’t be visible or must be covered up. In 2006, a US federal appeals court decided that it didn’t violate the First Amendment to require all public employees to cover their tattoos. Tattoos are a form of expression protected by the First Amendment, the Arizona Supreme Court has ruled in an opinion in favor of a couple who sought to open a tattooing business. The First Amendment protects the freedom of expression. Although tattoos and piercings are not federally protected, forcing Americans to hide their self-expression, conflicts the principals put in. Many tattooed people think that they are protected by their First Amendment rights to freedom of expression. Unfortunately, this is not true in the workplace. Corporations have every right to discriminate against "optional" appearance-related traits, and many large corporations ban long hair, beards and visible tattoos.

The huge increase in tattoos and body piercings has caused workplace conflicts that, not surprisingly, have landed in the courts. In general, discrimination in employment decisions based on tattoos or piercings is not illegal unless the person with the "modification" is a member of a protected class, particularly a class based on religion. Tattoos are a way for someone to express their beliefs, thoughts, and feelings, so some think that they should be protected under the First Amendment. Title VII and even the Civil Rights Act of 1964 are also somewhat violated because they prohibit discrimination based on race, sex, color, religion and national origin. I am a high school teacher. This past summer, I had a facial piercing (monroe- small beauty mark above lip). When I returned to school this week, the principal asked me to take it out. He said he did not allow any piercings, but ears. Is this legal? I feel like I am being discriminated against. I thought I was protected by the first amendment. The First Amendment entitles freedom of speech to every American citizen. Tattoos and piercings are considered to be a way of expressing one’s own beliefs, thoughts, and feelings. Therefore, people with tattoos should be protected under the First Amendment.

In Japan, bans on tattoos are commonplace as they are associated with organised crime. A US federal appeals court in 2006 ruled that ordering public employees to cover up their tattoos did not violate their First Amendment rights. In New Zealand, where tattoos are an important part of Maori culture, a national airline banned visible tattoos. The First Amendment prohibits Congress—and, under the Fourteenth Amendment, the states 31 —from passing any law “abridging the freedom of speech.” 32 For the government to run afoul of this Amendment, then, two requirements must be met: (1) the law at issue must “abridge” the freedom of speech, and (2) the abridged (Courts have consistently held that the phrases “freedom of speech” and “freedom of expression” are synonymous for First Amendment purposes.) It might interest you to know that the Arizona Supreme Court held that tattoos are “pure speech” protected under the First Amendment, and that the U.S. 9th Circuit Court of Appeals has held. What If Your Piercings or Tattoo are Part of Your Religion? Under Title VII, it is illegal to discriminate based on one’s religion. If a tattoo or piercing is part of an employee’s sincerely held religious beliefs, it is illegal for an employer to discriminate against that employee based on his or her piercing/tattoos.In fact, the employer must reasonably accommodate the employee, unless.