Free to Wear by Noah Milo

Free to Wear

by Noah Milo

Jonas "Ghillie Suits" (2018-2020)

Fashion as a medium extends further than aesthetic or industry; it is an evolving form of self-expression that converges identity, politics, and law. From unlicensed media to provocative imagery, fashion tests traditional ideas about intellectual property and free speech. In Canada, where freedom of expression is protected under the Charter of Rights and Freedoms, the tension between free expression and laws are ever-present and clashing. Amid ethical and legal boundaries, fashion provokes it, stretching its borders. Fashion as a medium has the power to embed language, resist oppression, and spark activism. Franceca Capone proposes grounds that weaving fashion is a language with syntax and provides code to this language. Furthermore, Ben Schwartz gives grounds that bootleg fashion is an informal library for the marginalized. This is the basis to consider fashion as language and its use in free speech. Designs like the Palestinian Keffiyeh, Tremaine Emory’s cotton wreath pattern, Kanye West’s White Live Matters t-shirt, and Alexander Mcqueen’s Highland Rape collection, explores the nuance of freedom of speech in fashion. Meanwhile in recent politics, examples like the KKK Robe and the burqa test the limits of free expression. Fashion occupies the grey area between liberation and extremism, questioning the framework of freedom of speech in creative media and expression.

In Weaving Language 1: Lexicon Francesca Capone introduces a system for understanding woven textiles as a form of language. Capone argues that weaving creates a syntax of the loom where patterns and color communicate messages. With fibers representing pronouns, weave structure representing verbs, interlacing and tapestry as prepositions, color as nouns and adjectives, and additional color as conjunction (Capone 13). This approach to weaving open’s possibilities to transform textiles into archives of cultural expression, embedding meaning in their very structure. Additionally, Capone establishes weaving as a legitimate form of communication by translating it into usable code (Capone 34-40). Recognizing this connection between fashion and language sets the foundation for exploring its role in free expression.  

Fashion, much like literature, serves as an archival technology, preserving and at times challenging cultural narratives. Ben Schwartz’s ‘Unlicensed: Bootlegging as Creative Practice’ draws a parallel between bootlegging in fashion and the historical phenomenon of the “Bad Quarto”; an early practice of pirating in Elizabethan England where scribes would illegally document exclusive editions of Shakespeare’s plays. Similarly to how these editions preserved interpretations of Shakespeare’s work outside official channels, bootleg fashion functions as a makeshift archive as well. Schwartz states “As an alternative archive, a bootleg becomes a "parallel canon," a version of history running alongside, supporting, or at times undermining authorized accounts of the past” (Schwartz 27-28). The archival nature of bootlegging situates fashion within the same intellectual tradition as literature.

Free speech is protected by the Charter of Rights and Freedoms in Canada, yet it comes with its limitations. Copyright legislation and media law like the Copyright Act regulate intellectual property to balance creators’ rights with public access. This complicates free speech in creative media especially in cases of unlicensed use. Fashion illustrates the ongoing struggle to balance artistic expression with regulatory boundaries. Schwartz claims that bootlegging disrupts traditional notions of authorship and it highlights the collective and iterative nature of culture (Schwartz 28). In Canada the fair dealing exception allows for some transformative use of copyrighted material but bootleg fashion often operates in a grey area. By reworking existing works designers question the ownership of cultural symbols and prompts broader discussions about the ethics of intellectual property.

Fashion’s capacity for free expression and challenging societal norms is evident in its use of unlicensed imagery. Schwartz notes that by appropriating copyrighted imagery, bootlegging critiques globalized capitalism, transforming consumer goods into acts of resistance (Schwartz 22). For example, streetwear brands often repurpose corporate logos to spotlight the pervasive influence of capitalism, turning these designs into subversive statements. 

These acts of reappropriation demonstrate how fashion operates as a tool for dissent that amplifies marginalized voices. Bootlegging serves as a form of activism, using fashion to critique societal injustices. 

The Keffiyeh is an exemplary model of weaving as a tool for liberation and resistance. Traditionally a Palestinian emblem of freedom, the Keffiyeh is now a symbol of solidarity in global fashion. However, recently its use in political contexts incites controversy. In April 2024, Ontario MPP Sarah Jama was kicked out of the legislature for wearing a Keffiyeh, which many called a suppression of free speech (Media Co-op). This demonstrates an instance of law overriding self-expression.

Fashion exists in a grey area between self-expression and provocation. Contemporary designers that work in this avant-garde often spark subversive dialogue in media and culture. Tremaine Emory’s brand ‘Denim Tears’ uses designs that repurpose cotton wreath imagery to comment on the legacy of slavery, fashion and activism (The Face). ‘Denim Tears’ daring designs as a result has accrued a split of skeptics and supporters. Kanye West’s bootleg ‘White Lives Matter’ shirt was massively criticized in the mainstream for reappropriating a slogan used by white supremacists (CBS News). Which ironically was a retort to the ‘Black Lives Matter’ organization’s name. Alexander McQueen’s most controversial collection ‘Highland Rape,’ subverted England’s history of violence against Scottland into runway fashion (The Met). However, while drawing attention to violence against women, it sparked a debate about what’s acceptable to be shown on the runway. These examples show how fashion attempts to counter its downfalls through nuanced reversal. Whether it is viewed as empowering or destructive, an impactful discourse occurs through creative expression.

In 2014, three Australian men attempted to enter their parliament in protest wearing a KKK robe, a niqab and a motorcycle helmet. This happened in response to a recent policy about face-coverings on parliament property. It was targeted to women wearing the burqa or niqab, and stated that anyone with a face-covering would have to stay in a separate public waiting area. The policy was overturned, and Sergio Redegalli, Nick Folkes and Victor Waterson protested. Redegalli told local media "It seems that you're allowed to wear a full-face covering in Parliament if you're a Muslim woman, but no other group is allowed to have that same privilege" (BBC).

 At its most extreme, fashion tests the limits of acceptable expression. The KKK robe and the burqa represent polarizing symbols of identity and ideology.  Debates about burqa bans in Canada, Europe, and Australia further exemplify the challenges of balancing individual rights with societal norms. Meanwhile,  the appropriation of fascist aesthetics by alt-right groups demonstrates how fashion can be weaponized to incite harmful ideologies through signaling. (New York Post). While the KKK robe symbolizes hate and exclusion, the burqa represents cultural identity and religious freedom. Should both be free to wear?

Fashion is a vibrant medium that intersects with language, activism, and law to challenge societal norms and amplify marginalized voices. From the Keffiyeh to Kanye West’s controversial designs, fashion exemplifies the complexity of freedom of speech as both a tool for liberation and a site of conflict. As society grapples with the ethical and legal implications of creative expression, fashion remains a powerful testament to the enduring struggle for the right to speak freely.  

Works Cited

Schwartz, Ben, editor. “Unlicensed: Bootlegging as Creative Practice.” MIT Press, 2020.

Capone, Francesca. “Weaving Language 1: Lexicon.” Essay Press, 2015.

Sarah Jama Removed from Ontario Legislature for Wearing Keffiyeh.” Media Co-op, 2024, https://mediacoop.ca/node/119230.

“The Story of Denim Tears: Tremaine Emory and the Power of Cultural Storytelling.” The Face, 2019, https://theface.com/style/denim-tears-tremaine-emory-levis-no-vacancy-inn-acyde-fashion.

“Kanye West Faces Backlash for ‘White Lives Matter’ Shirt.” CBS News, 4 Oct. 2022, https://www.cbsnews.com/news/kanye-west-white-lives-matter-shirt-candace-owens-fashion-show-backlash/.

“Highland Rape.” Alexander McQueen Archive, The Metropolitan Museum of Art, https://blog.metmuseum.org/alexandermcqueen/tag/highland-rape/.

“Australia Burqa Ban Protest: KKK and Burqa Worn in Parliament.” BBC News, 27 Oct. 2014, https://www.bbc.com/news/world-australia-29782151.

“How Far-Right Groups Are Using Fashion Symbols to Recruit Youth.” New York Post, 31 Oct. 

2020, https://nypost.com/2020/10/31/how-far-right-groups-are-using-fashion-symbols-to-recruit-youth/.