Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Thursday, April 14, 2011

District Judge Grants Preliminary Injunction; I (Heart) Boobies Bracelets Not Lewd Or Vulgar

A federal district judge has ruled that the Easton Area (Pennsylvania) School District cannot forbid students to wear "I (Heart) Boobies" jewelry that promotes breast cancer fundraising and breast cancer prevention awareness. The school district says it will appeal. Here is a link to the school district's dress code; here a link to its general dress and grooming policy. Said U. S. District Judge Mary McLaughlin,

"The Court concludes that these bracelets cannot reasonably be considered lewd or vulgar under the standard of Fraser. The bracelets are intended to be and they can reasonably be viewed as speech designed to raise awareness of breast cancer and to reduce stigma associated with openly discussing breast health. Nor has the school district presented evidence of a well-founded expectation of material and substantial disruption from wearing these bracelets under Tinker. The Court will therefore grant the plaintiffs’ motion for preliminary injunction."

Here is a link to the judge's memo granting an injunction.

http://lawprofessors.typepad.com/media_law_prof_blog/2011/04/district-judge-grants-preliminary-injunction-i-heart-boobies-bracelets-not-lewd-or-vulgar.html

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