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Constitutional Law Keyed to Choper
Kelley v. Johnson
Citation:
425 U.S. 238 (1976)Facts
In 1971, the Commissioner of the Suffolk County Police Department promulgated Order No. 71-1, establishing hair-grooming standards for male members of the police force. The regulation specified that hair must not touch the ears or collar, sideburns must not extend below the lowest part of the ear opening, mustaches must be neatly trimmed, and beards and goatees were prohibited except for medical reasons. Johnson, as president of the Patrolmen’s Benevolent Association, challenged this regulation as violating his right to free expression under the First Amendment and his guarantees of due process and equal protection under the Fourteenth Amendment. The District Court initially dismissed the complaint, but the Court of Appeals reversed, holding that choice of personal appearance is protected by the Fourteenth Amendment and that the police department had failed to demonstrate a relationship between the regulation and legitimate interests. On remand, the District Court heard testimony from the Deputy Commissioner about safety concerns and the need for uniformity, but ultimately found these justifications insufficient, concluding the regulation amounted to “uniformity for uniformity’s sake.”
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