gavelA school district in Pennsylvania has been in the news because of their ban of the popular "I (heart) Boobies!" bracelets.  These bracelets are distributed by the nonprofit Keep A Breast Foundation and are “designed to promote breast cancer awareness among young people.”

In 2010, two Easton Area School District girls, Brianna Hawk and Kayla Martinez, were suspended for disobeying their school’s bracelet ban on their school's Breast Cancer Awareness Day.  Thereafter, the girls, along with the American Civil Liberties Union (ACLU), challenged the school’s rule.

The school district fought hard to win the suit.  District solicitor John Freund argued, “the bracelets have a sexual undertone that invites disruption in the classroom.”

Luckily for these students, on Monday, the 3rd U.S. Circuit Court of Appeals ruled that a “Pennsylvania school district cannot ban I (heart) Boobies!bracelets.”

What Was the Courts Ruling in the I (heart) Boobies Case?

  • The Court rejected the school district's claim that the slogan is lewd.
  • The Court concluded that school officials didn't prove the bracelets were disruptive.
  • The Court found that the bracelets may not be categorically banned because the bracelets are not lewd and they comment on a social issue.

What are your thoughts?

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