Pa. School District Votes to Appeal 'I Heart Boobies' Case to SCOTUS - U.S. Third Circuit
U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Pa. School District Votes to Appeal 'I Heart Boobies' Case to SCOTUS

We've just about had enough with the notion that breast cancer awareness-promoting bracelets reading "I Heart Boobies" are lewd or indecent. But apparently, the Easton Area School District has not. Earlier this week the school board voted 7-1 to appeal the Third Circuit's decision to the Supreme Court of the United States, reports The Assoicated Press.

In this time of shrinking school budgets, the Pennsylvania school district would rather pursue litigation, than education.

The Third Circuit's Decision

In an en banc decision upholding the students' First Amendment right to free speech -- in this case wearing "I Heart Boobies" bracelets to promote breast cancer awareness -- the Third Circuit held that the bracelets were not plainly, or on their face offensive. Furthermore, the court noted that the school district did not prove that the bracelets were disruptive.

Views from the Easton Area School Board

Easton Area School District Superintendent John Reinhart spoke for the majority when he stated: "The Third Circuit Court has compromised administrators' abilities to intervene in what is and what is not appropriate in school," reports The Express-Times. The lone "no" voter, Frank Pintabone, stated: "I think we should be done with it. Let it go. We lost 20, 30 times, I don't even know anymore."

Will SCOTUS Grant Cert?

Whether the Supreme Court will grant certiorari will depend on whether it sees the nation-wide trend of "I Heart Boobies" litigation something worth clarifying. With not many student speech cases for circuit courts to rely on, the Supreme Court may want to weigh in.

As for the school districts, if they are "concerned about the implications of a hyper-sexualized environment," as The Express-Times reports, they should pay more attention to these other jelly bracelets. According to Motherlode, they may be doing more to project a "hyper-sexualized" environment than "I Heart Boobies" bracelets.

Do you think the "I Heart Boobies" bracelets should be banned from schools? Tell us on LinkedIn.

Related Resources: