The title of this post was inspired by this Legal Intelligencer article highlighting a recent Third Circuit decision in which the court found that a school could not ban “I ♥ boobies” bracelets because they are not "plainly lewd." The Intelligencer reports:
In the case of B.H., the issue before the Third Circuit court was whether Fraser would apply to the Easton Area Middle School principal’s decision to ban purported breast cancer awareness bracelets containing the phrase “I ♥ boobies! (Keep A Breast).” Around mid-September 2010, following incidents of boys taking the “I ♥ boobies” bracelets as an entrée to discuss girls’ breasts, Easton Area Middle School principals instructed teachers that the “I ♥ boobies” bracelets violated the school district dress code, and thus must be banned.
In October 2010, the Easton Area School District celebrated a district-wide Breast Cancer Awareness Day. On that day, middle school students R.T., B.H. and K.M., in deliberate defiance of the ban, wore the “I ♥ boobies” bracelets to school. When the assistant principal asked the girls whether there was any other way they could show their support for breast cancer awareness, B.H. and K.M. refused to remove the bracelets. R.T., however, agreed to remove her bracelet and admitted that middle school boys used the bracelets as an entrée for sexual harassment.
For their defiance of the ban, B.H. and K.M. received in-school suspension and were barred from the school’s “Snowball Dance.” Their mothers filed suit against the school district. ..Continued.. by Civil Rights Law and Policy Blog
No comments:
Post a Comment
We use the Disqus Commenting system, please wait for it to load. Also, comments are moderated, please stick to the issue of the post, as we are trying to have an intelligent, relevant discussion which develops the post. Comments deviating from topic of post will not be posted. Thanks