Thursday, October 31, 2013

Pa. School District Appeals "I ♥ Boobies" Case to the U.S. Supreme Court

Speaking of Professor Waldman's "I ♥ Boobies" post, the Easton Area School District board voted Tuesday to appeal the Third Circuit’s decision in  B.H. v. Easton Area School District. The Third Circuit in an en banc decision rejected the school district's claim that it was correct to ban the breast cancer awareness bracelets as lewd and suspend students who wear them. Easton district  superintendent John Reinhart told The Express-Times of Easton that the Third Circuit's decision "has compromised administrators’ abilities to intervene in what is and what is not appropriate in school.” Reinhart has said earlier that the bracelets were “cause-based marketing energized by sexual double-entendres.” Professor Waldman noted a similar concern in her post that the Third Circuit case had sympathetic facts--the girls bought the bracelets with their mothers to commemorate relatives who had suffered from breast cancer--but "not all the middle-school wearers of the “I [heart] boobies” and “feel my balls” bracelets will be coming from the same mindset." Read the Washington Post's coverage here.

http://lawprofessors.typepad.com/education_law/2013/10/pa-school-district-appeals-i-boobies-case-to-the-us-supreme-court.html

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