We Listen.

U.S. Supreme Court Declines to Hear “I (Heart) Boobies” Student Speech Case

By: Amanda Sundquist

ribbonI have previously blogged about a First Amendment law suit brought by two middle school students against Easton Area School District in federal court. The school district banned the wearing of “I (heart) Boobies” bracelets distributed by the Keep A Breast Foundation. The students were suspended for failing to comply with the ban. The federal courts however sided with the students, and this week the U.S. Supreme Court declined to hear the case. As a result, the pro-student view of the Third Circuit remains in place.

The students had prevailed on August 5, 2012 in the United States Court of Appeals for the Third Circuit. The Third Circuit Court determined that the school district had not demonstrated that the bracelets were disruptive to school programming. The school district then appealed the decision to the United States Supreme Court. Review by the U.S. Supreme Court is discretionary, and the Court declined to take the appeal of the case on March 10, 2014, so the Third Circuit’s decision stands.

News reports indicate that attorneys for the students intend to apply to the lower court to have the existing preliminary injunction, which prohibited the school district from banning the bracelets, made permanent. This area of law remains fraught with complexities and tension between student rights, and the power of a school district to maintain a learning environment free of substantial disruption. For disciplinary issues associated with your school district’s speech or dress policies, please contact me in our West Chester office.

Share on Social Media
  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • Email

Sophisticated, Responsive and Focused.

  • “At Unruh Turner Burke & Frees, the client’s objective is never lost in the details and as a result, even complex deals get done quickly and efficiently..."

    Read More...

  • “Unruh Turner Burke & Frees has been a tremendous resource to me and my team throughout the past 17+ years. This highly-talented group delivers the...”

    Read More...

  • “Unruh Turner Burke & Frees has been a trusted source of advice and counsel on all levels of governmental law and regulation, from zoning and land use...”

    Read More...

  • "Our Trust Department has utilized Unruh Turner Burke & Frees’ expertise for several years to assist our clients with their overall estate plans. They..."

    Read More...

  • “Over the last 25 years Unruh Turner Burke & Frees has represented our residential building and development enterprise in many capacities including real..."

    Read More...

  • "Based on my long-term relationship with Unruh Turner Burke & Frees, I can wholeheartedly recommend its services to any business owner who wishes to work with...”

    Read More...

  • “We recently hired Unruh Turner Burke & Frees to handle a conditional use application for our Chestnut Street Lofts apartment project in downtown West Chester..."

    Read More...

  • “I have been working with Unruh Turner Burke & Frees for many years. They have provided legal counsel in the areas of Estate Planning, Land Use, Litigation and...”

    Read More...

  • “I have relied on the firm's legal advice to make critical decisions on handling family wealth and making appropriate decisions for my family's future.”

    Read More...

  • “… This highly-talented group delivers the highest quality legal work and brings real-world experience in a very cost-effective manner…”

    Read More...

  • "If there is an issue facing a municipality, Unruh Turner Burke & Frees is the source for sound guidance and direction.”

    Read More...

  • “…They have provided legal counsel in the areas of Estate Planning, Land Use, Litigation and Real Estate. In every one of those areas I have been blessed with great ...”

    Read More...

  • "Whether we are competing in a strong market or working through a declining market, it has always been reassuring to know that Unruh Turner Burke & Frees has both..."

    Read More...

meet our elite team
West Chester, PA
17 West Gay Street
P.O. BOX 515
West Chester, PA 19380
(610) 692-1371
Phoenixville, PA
120 Gay Street
P.O. Box 289
Phoenixville, PA 19460
(610) 933-8069
Paoli, PA
43 Leopard Road, Building II
Suite 103
Paoli, PA 19301
(610) 240-0750