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U.S. Supreme Court

Supreme Court won’t hear ‘I (heart) boobies’ case

Posted Mar 10, 2014 11:04 AM CDT
By Debra Cassens Weiss

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Image from Keep A Breast Foundation.

The U.S. Supreme Court has declined to hear a First Amendment case involving a middle school’s effort to ban "I (heart) boobies” bracelets.

The cert denial leaves in place an en banc ruling against the Pennsylvania school district, report the Allentown Morning Call, the Constitution Daily, the Express-Times and Reuters. The August decision by the full Philadelphia-based 3rd U.S. Circuit Court of Appeals sided with students who argued the cancer-awareness bracelets were protected by the First Amendment.

The Easton Area School District had argued the 3rd Circuit misinterpreted Supreme Court precedent regarding student speech, according to the Morning Call account.

"There is no suggestion ... that student speech full of sexual innuendo or scatological implications must be tolerated by the Constitution just because an argument can be made to connect them with some political or social cause,” the school district said.

The case is Easton Area School District v. B.H.

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