The entire US Court of Appeals for the Third Circuit will hear an appeal by the Easton (N.J.) Area School District, asking the court to overturn a federal district court’s ruling that barred schools from punishing students for wearing “i ♥ boobies” bracelets to school, the Morning Call reports.
A three-judge panel heard arguments in April, but Chief Judge Theodore McKee dismissed the panel’s draft opinion, setting up a rehearing before the full 14-judge court. This usually means there was disagreement among judges when the draft opinion was circulated to the whole court.
The case involves two middle school students who were suspended for wearing bracelets with the “i ♥ boobies” logo, sold by the Carlsbad, Calif.-based Keep a Breast Foundation. The bracelets are sold to raise awareness of breast cancer.
The attorney for the school district contends that schools need to be able to regulate the dress code in their buildings and that the bracelets are lewd for middle school students. The ruling in the district court, allowing students to wear the bracelets, is a First Amendment issue. In other words, a federal district judge ruled that wearing the bracelets was protected speech under the First Amendment. That ruling will stand until a higher court overturns it.
