Supreme Court Declines to Review ‘Boobies’ Ruling

On Monday the U.S. Supreme Court turned away a Pennsylvania
school district seeking to prevent its students from wearing breast
cancer awareness bracelets featuring the phrase “I ♥ Boobies.” That
denial leaves in place a 2013 decision by the U.S. Court of Appeals
for the 3rd Circuit, which ruled in favor of the students on First
Amendment grounds.

The case arose in 2010 when several teachers at
Pennsylvania’s Eaton Area Middle School complained about the
bracelets worn by several female students, arguing that the term
“boobies” was disruptive and sexually suggestive. A ban on the
bracelets soon followed, but two students refused to comply and
were subsequently suspended for their “disrespect,” “defiance,” and
“disruption.”

In its 2013 decision, the 3rd Circuit sided with
the students. “Because the bracelets here are not plainly lewd and
because they comment on a social issue, they may not be
categorically banned,” the 3rd Circuit held. “Schools cannot avoid
teaching our citizens-in-training how to appropriately navigate the
‘marketplace of ideas.’ Just because letting in one idea might
invite even more difficult judgment calls about other ideas cannot
justify suppressing speech of genuine social value.”

As is customary, the U.S. Supreme Court offered no explanation
for its refusal to hear the case.