Last Monday, the U.S. Court of Appeals for the Third Circuit upheld an injunction prohibiting the Easton Area School District in Pennsylvania from enforcing a ban on “I Love Boobies! Save a Breast!” bracelets, the trendy bands that promote the Keep a Breast Foundation’s national breast cancer outreach and awareness campaign. But while a federal court may have found the bracelets protected under the First Amendment, the court of public opinion still takes issue with “I Love Boobies” and similar campaigns, with many people finding them toxic to the overall breast cancer conversation.
In its 9-5 decision, the federal court rejected the school district’s claim that the popular slogan is lecherous and disruptive, ruling that it provides commentary on a prevalent social issue. Particularly, Judge D. Brooks Smith wrote in his 74-page opinion for B.H. and K.M. v. Easton Area School District:
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.
“It’s a tremendous ruling supportive of student free speech,” Mary Catherine Roper, senior staff attorney at the American Civil Liberties Union of Pennsylvania (ACLU-PA) and lead counsel in the case, told RH Reality Check. “What this ruling does is recognize that teenagers talk about important things, whether it’s political issues [or] social issues. That’s the type of speech we most want to protect.”…
The Battle Over ‘I Love Boobies’