Yesterday, the U.S. Supreme Court denied a request by the Easton Area School District in Pennsylvania to declare the “I ♥ Boobies” bracelets as lewd and unacceptable in school. The prior ruling from the U.S. Court of Appeals for the Third Circuit in favor of the parents now stands. This means, at least in the Third Circuit, that the “Boobie” bracelets are an acceptable expression of student free speech rights, and schools may not discipline students for wearing them.

The March 10 order denying cert may be found at: Orders in Pending Cases (See top of page 2).

 

Andrew J. Freedman is a partner in the Education Practice at Hodgson Russ LLP. You can reach him at .