kelley johnson argued december decided april county regulation limiting length county policemen hair held violate right guaranteed respondent policeman fourteenth amendment pp respondent sought protection fourteenth amendment ordinary citizen law enforcement employee county subdivision state distinction one considerable significance since state wider latitude notably different interests imposing restrictive regulations employees regulating citizenry large choice organization dress equipment law enforcement personnel entitled sort presumption legislative validity state choices promote aims within cognizance state police power thus question whether state establish genuine public need specific regulation whether respondent demonstrate rational connection regulation based county method organizing police force promotion safety persons property pp whether state local government choice police uniformed reflects desire make police officers readily recognizable public foster esprit de corps similarity garb appearance may inculcate within police force justification regulation sufficiently rational defeat respondent claim based liberty guarantee fourteenth amendment pp rehnquist delivered opinion burger stewart white blackmun powell joined powell filed concurring opinion post marshall filed dissenting opinion brennan joined post stevens took part consideration decision case patrick sweeney argued cause petitioner brief howard pachman leonard wexler argued cause respondent brief richard haefeli james vanr springer filed brief international brotherhood police officers amicus curiae urging affirmance justice rehnquist delivered opinion district eastern district new york originally dismissed respondent complaint seeking declaratory injunctive relief regulation promulgated petitioner limiting length policeman hair respondent appeal appeals second circuit judgment reversed remand district took testimony thereafter granted relief sought respondent appeals affirmed granted certiorari consider constitutional doctrine embodied rulings appeals reverse respondent predecessor individually president suffolk county patrolmen benevolent association brought action civil rights act petitioner predecessor commissioner suffolk county police department commissioner promulgated order established standards applicable male members police force regulation directed style length hair sideburns mustaches beards goatees prohibited except medical reasons wigs conforming regulation worn cosmetic reasons regulation attacked violative respondent patrolman right free expression first amendment guarantees due process equal protection fourteenth amendment based upon generally accepted standard grooming community placed undue restriction upon activities therein appeals held cases characterizing uniformed civilian services sustaining hair regulations basis soundly grounded historically said fact police force organized centralized administration disciplined rank file efficient conduct affairs foreclose respondent claim instead bore upon existence legitimate state interest reasonably advanced regulation dwen barry appeals went decide choice personal appearance ingredient individual personal liberty protected fourteenth amendment held police department failed make slightest showing relationship regulation legitimate interest sought promote basis reasoning concluded neither dismissal summary judgment district appropriate since department burden establishing genuine public need regulation thereafter district compulsion remand appeals took testimony question whether genuine public need sole witness deputy commissioner suffolk county police department petitioner subordinate testified police department concern safety patrolmen need standards uniformity appearance district held proof offered support claim need protection police officer proper grooming ingredient good police department esprit de corps petitioner standards establish public need ultimately reduced niformity uniformity sake district granted relief prayed respondent petitioner appeal judgment affirmed without opinion appeals ii section fourteenth amendment constitution provides pertinent part state shall deprive person life liberty property without due process law liberty interest claimed respondent course distinguishable interests protected roe wade eisenstadt baird stanley illinois griswold connecticut supra meyer nebraska cases involved substantial claim infringement individual freedom choice respect certain basic matters procreation marriage family life whether citizenry large sort liberty interest within fourteenth amendment matters personal appearance question cases offer little guidance nevertheless assume affirmative answer purposes deciding case find assumption insufficient carry day respondent claim respondent sought protection fourteenth amendment member citizenry large contrary employee police department suffolk county subdivision state new york appeals made passing reference distinction thereafter apparently ignored think however highly significant pickering board education noting state employment may conditioned relinquishment first amendment rights stated time gainsaid state interests employer regulating speech employees differ significantly possesses connection regulation speech citizenry general recently sustained comprehensive substantial restrictions upon activities federal state employees lying core first amendment csc letter carriers broadrick oklahoma state regulations may survive challenges based explicit language first amendment surely even room restrictive regulations state employees claim implicates general contours substantive liberty interest protected fourteenth amendment regulation touches respondent employee county particularly policeman respondent employer accordance duty keep peace placed myriad demands upon members police force duties counterpart respect public large respondent must wear standard uniform specific detail uniform must salute flag may take active role local political affairs way party delegate contributing soliciting political contributions may smoke public regulations suffolk county police department infringe respondent freedom choice personal matters apparently view appeals burden state prove genuine public need every one regulations view based upon appeals reasoning unique judicial deference accorded judiciary regulation members military inapplicable historical functional justification characterization police conclusion cases inapposite however correct way detracts deference due suffolk county choice organizational structure police force county chosen mode organization undoubtedly deems efficient enabling police carry duties assigned state local law choice necessarily gives weight overall need discipline esprit de corps uniformity county choice organizational structure therefore depend constitutional validity doctrine historical prescription indeed respondent made claim argument challenge constitutionality organizational structure merely asserts present regulation infringes asserted liberty interest fourteenth amendment believe however regulation viewed isolation must rather considered context county chosen mode organization police force promotion safety persons property unquestionably core state police power virtually state local governments employ uniformed police force aid accomplishment purpose choice organization dress equipment law enforcement personnel decision entitled sort presumption legislative validity state choices designed promote aims within cognizance state police power lighting missouri prince massachusetts olsen nebraska recognized contexts wide latitude accorded government dispatch internal affairs cafeteria workers mcelroy think suffolk county police regulations involved entitled similar weight thus question appeals conceived whether state establish genuine public need specific regulation whether respondent demonstrate rational connection regulation based county method organizing police force promotion safety persons property public workers mitchell jacobson massachusetts think answer clear district quite right first instance dismissed respondent complaint neither appeals district position weigh policy arguments favor rule regulating hairstyles part regulations governing uniformed civilian service constitutional issue decided courts whether petitioner determination regulations enacted irrational may branded arbitrary therefore deprivation respondent liberty interest freedom choose hairstyle williamson lee optical overwhelming majority state local police present day uniformed fact testifies recognition direct operations people localities directly indirectly choose persons similarity appearance police officers desirable choice may based desire make police officers readily recognizable members public desire esprit de corps similarity felt inculcate within police force either one sufficiently rational justification regulations defeat respondent claim based liberty guarantee fourteenth amendment appeals relied garrity new jersey amicus brief support respondent elaborates argument based language garrity policemen like teachers lawyers relegated version constitutional rights garrity course involved protections afforded fifth amendment constitution made applicable fourteenth amendment malloy hogan certainly language taken suggest claim member uniformed civilian service based liberty interest protected fourteenth amendment must necessarily treated constitutional purposes similar claim member general public regulation challenged violate right guaranteed respondent fourteenth amendment constitution appeals therefore wrong reversing district original judgment dismissing action judgment appeals reversed justice powell concurring concur opinion write make clear contrary concern expressed dissent find negative implication opinion respect liberty interest within fourteenth amendment matters personal appearance see poe ullman harlan dissenting state interest regulating one personal appearance certainly case must weighing degree infringement individual liberty interest need regulation process analysis justifies application reasonable regulation uniformed police force impermissible intrusion upon liberty different context footnotes members force department shall neat clean times duty male personnel shall comply following grooming standards unless excluded police commissioner due special assignment hair hair shall neat clean trimmed present groomed appearance hair touch ears collar except closely cut hair back neck hair front groomed fall band properly worn headgear case bulk length hair interfere proper wear authorized headgear acceptability member hair style based upon criteria paragraph upon style chooses wear hair sideburns individual chooses wear sideburns neatly trimmed tapered manner haircut sideburns extend lowest part exterior ear opening even width flared end horizontal line mustaches short neatly trimmed mustache may worn shall extend top upper lip beyond corners mouth beards goatees face wearing acceptable mustache sideburns beards goatees prohibited except police surgeon may grant waiver wearing beard medical reasons approval police commissioner surgeon prescribes member shave beard kept trimmed symmetrically beard hairs kept trimmed protrude inch skin surface face wigs wigs hair pieces worn duty uniform except cosmetic reasons cover natural baldness physical disfiguration conditions wig hair piece worn conform department standards app stradley andersen greenwald frank app div aff without opinion district dismissal based cases upholding discretionary power military national guard regulate soldier hair length see gianatasio whyte cert denied raderman kaine cert dismissed recognized distinction citizens uniformed employees police fire departments appeals stated individual status bear existence right whether right outweighed legitimate state interest remand complaint appropriately amended reflect interim renumbering modification regulation former sections see supra modified provide follows members force neat clean times duty male personnel comply following grooming standards unless excluded police commissioner due special assignments hair neat clean trimmed present groomed appearance hair go ears collar except closely cut hair back neck pony tails prohibited case bulk length hair interfere proper wear authorized headgear member chooses wear sideburns neatly trimmed sideburns extend lowest part ear sideburns shall flared beyond width end horizontal line sideburns shall connect mustache neatly trimmed mustache may worn rules procedures police department county suffolk hereinafter rules procedures illustrating one safety problem rapp showed assailant throw officer balance grabbing hair rear levering patrolman back noting prohibition ponytails thus proper one district stated remainder however bears relationship safety rather related hair styling potential danger hairdress ability offender grip hair hold fate police officer hand bulk length hair regulated except interferes proper wear authorized headgear thus regulation permit bulky lengthy hair top head thereby presenting problem demonstrated remaining subdivisions sideburns mustaches wigs regulated beards barred proof offered support claim need protection police officer pertinent regulations pet cert high morale police personnel matter grave concern department proper grooming ingredient esprit de corps good law enforcement organization generated individual respect commanded public serves promotes sic efficiency organization work however exception general requirement hair sideburns mustaches neatly trimmed regulations provide standards proper grooming rather standards nothing demand uniformity uniformity uniformity sake establish public need defendant offered proof beards goatees hair styles extend ears collar sideburns extend lowest part ear beyond width end horizontal line affect morale members police department earn disrespect public rules procedures see et seq code ethics appeals found desire part local governments like suffolk county create military force use organization evolved practical administrative solution emphasis added justice marshall justice brennan joins dissenting today upholds constitutionality suffolk county regulation limiting length policeman hair assumes purposes opinion citizenry large sort liberty interest within fourteenth amendment matters personal appearance ante think clear fourteenth amendment indeed protect comprehensive regulation citizens may may wear find rationales offered justify regulation case insufficient demonstrate constitutionality accordingly respectfully dissent recognizes fourteenth amendment guarantee deprivation liberty protects substantive aspects liberty unconstitutional restrictions state ante observed iberty law extends full range conduct individual free pursue bolling sharpe see also poe ullman harlan dissenting seems manifest full range conduct must encompass one interest dressing according taste individual personal appearance may reflect sustain nourish personality may well used means expressing attitude lifestyle taking control citizen personal appearance government forces sacrifice substantial elements integrity identity well say liberty guarantee fourteenth amendment encompass matters personal appearance fundamentally inconsistent values privacy autonomy personal integrity always assumed constitution designed protect see roe wade stanley georgia griswold connecticut olmstead brandeis dissenting little found past cases indeed nation history specific issue citizen right choose personal appearance right clear beyond question right mentioned existence simply taken granted instance assumption right exists reflected congressional debates guarantees explicitly articulated bill rights brant bill rights considerable debate whether right assembly expressly mentioned congressman benson new york argued inclusion necessary assure right infringed government response congressman sedgwick massachusetts indicated committee governed general principle might declared man right wear hat pleased ask gentleman whether thought necessary enter trifles declaration rights government none intended infringed emphasis added taken axiom right one personal appearance indeed used existence right support recognition right travel right travel part liberty citizen deprived without due process law fifth amendment may close heart individual choice eats wears reads kent dulles emphasis added ii acting assumption fourteenth amendment encompass right one personal appearance justifies challenged regulation grounds regulations may based desire make police officers readily recognizable members public desire esprit de corps similarity felt inculcate within police force ante fully accepting aims identifiability maintenance esprit de corps find rational relationship challenged regulation goals first justification offered simply see requiring policemen maintain hair certain length rationally argued contribute making identifiable public policemen surely fact uniformed police officer wearing hair collar make less identifiable policeman one easily imagine plainclothes officer readily identifiable simply hair extend beneath collar second justification fact president patrolmen benevolent association official capacity challenged regulation seem indicate regulation anything decrease rather increase police force esprit de corps even one accepted argument substantial similarity appearance increase force esprit de corps simply understand implementation regulation expected create increment similarity appearance among members uniformed police force regulation prohibits hair ears collar limits length sideburns allows maintenance type hairstyle ponytail thus long hair go collars two police officers one afro hair style crewcut full compliance regulation cautions us view regulation isolation rather examine context county chosen mode organization police force ante caution well taken one also keep mind fear ultimately scrutiny neither overall structure police force uniform equipment requirements members subject rather regulation dictates acceptable hair lengths fact uniform requirement instance may rationally related goals increasing police officer identifiability maintenance esprit de corps absolutely nothing establish legitimacy regulation see connection regulation offered rationales accordingly affirm judgment appeals held constitution protection liberty encompasses interest parents children learn german meyer nebraska interest parents able send children private well public schools pierce society sisters interest citizens traveling abroad kent dulles aptheker secretary state interest woman deciding whether terminate pregnancy roe wade interest student damage reputation caused suspension school goss lopez parties address first amendment issues detail governmental regulation citizen personal appearance may circumstances deprive liberty fourteenth amendment violate first amendment rights well tinker des moines school substantial amount litigation concerning constitutionality regulations applied schoolchildren cases found rationales offered regulations sufficient support constitutionality see king saddleback junior college cert denied gfell rickelman ferrell dallas independent school cert denied cases found similar regulations unconstitutional see richards thurston breen kahl cert denied none cases however indicated constitution may offer protection comprehensive regulation personal appearance citizenry large history dotted instances governments regulating personal appearance citizens instance effort stimulate countrymen adopt modern lifestyle peter great issued edict regulating wearing beards throughout russia durant age louis xiv anyone wanted grow beard pay annual tax one kopek peasant one hundred rubles rich merchant ibid afford beard tax many beards shaved saved preciously order placed coffins fearing allowed enter heaven without robinson readings european history recent instances governments regulating personal appearance citizens see times czech police stop young men telling get haircuts july libyan government tells youths trim hair wear sober clothes submit training army july young men rounded given haircuts south korean police described government officials social purification campaign police force south vietnamese youths cut hair inconceivable constitution offer protection whatsoever carrying similar actions either federal state governments policeman surrender right personal appearance simply joining police force see tinker des moines school agree appeals status individual raising claim bears existence right rather question whether right outweighed legitimate state interest thus need evaluate governmental interest connection challenged governmental action present party whose rights allegedly violated public employee private employee see csc letter carriers hold citizens somehow automatically give constitutional rights becoming public employees mean almost million american citizens currently affected executed automatic waivers statistical abstract say least esprit de corps argument bolstered fact international brotherhood police officers union representing uniformed police officers filed brief amicus curiae arguing challenged regulation unconstitutional regulation eschews appear less intrusive means achieving similarity hair length officers according regulation policeman comply requirements wearing wig hair proper length duty regulation prohibits wearing wigs hairpieces duty uniform except cosmetic reasons cover natural baldness physical disfiguration ante thus regulation terms applies grooming standards policemen duty provision effectively controls appearance mind challenged regulation fails pass even minimal degree scrutiny need determine whether given nature interests involved degree affected application heightened scrutiny appropriate