Supreme Court Declines to Hear Case on Breast Cancer Bracelets
On March 10, 2014, the United States Supreme Court declined to grant Easton Area School District’s Petition for Certiorari in the case of B.H. v. Easton Area School District – now infamously known as the “I ♥ boobies” case. As I reported earlier in my post “Third Circuit Rules Breast Cancer Bracelets are Protected Speech in School Setting”, the School District previously filed an appeal to the Third Circuit Court of Appeals after the trial court which heard this case held that the School District’s attempt to ban students from wearing “I ♥ boobies” bracelets in school unconstitutionally violated the students’ rights to free speech. On appeal, the Third Circuit held that the School District could not affirmatively ban its students from wearing the bracelets in a school setting because the bracelets in question were not plainly lewd, and commented on a social issue. By declining to hear the School District’s appeal, SCOTUS allows the Third Circuit’s decision will be allowed to stand, and the bracelets cannot be categorically banned by the School District.
Attorney Graig Schultz is a regular contributor to Gross McGinley’s blog on topics related to litigation, employment law, and medical malpractice defense.