Law & Courts

Pa. ‘Boobies’ Case to Be Heard by Full Appeals Court

By J.D. Malone, The Morning Call, Pa. (MCT) — August 16, 2012 1 min read
  • Save to favorites
  • Print

The Easton Area School District’s appeal of a federal court ruling to allow “I (heart) Boobies” bracelets to be worn by students at school will heard by the entire Third Circuit Court of Appeals.

A three-judge panel from the circuit heard arguments in April on the appeal, but an order issued Thursday by Chief Judge Theodore McKee brushed aside the panel’s unpublished opinion and set up a rehearing of the case before the full, 14-judge circuit.

The Easton Area School District asked for a reversal of a lower court’s April 2011 decision that barred the district from disciplining students who wore the bracelets.

The case drew national attention as schools grappled with similar questions over the bracelets, which are sold by the Carlsbad, Calif.-based Keep-a-Breast Foundation. In February, a federal judge in Wisconsin ruled that school officials were allowed to ban the bracelets, opposite to U.S. District Judge Mary A. McLaughlin’s finding in the Easton Area case.

Easton Area Middle School students Brianna Hawk, who was an eighth-grader, and Kayla Martinez, who was in seventh grade, were suspended in 2010 for wearing “I (heart) Boobies!” bracelets.

The students’ attorney, Mary Catherine Roper, of the ACLU, said the court’s decision to hear the case before the full host of judges means there was some disagreement over the three-judge panel’s opinion.

The panel’s opinions are circulated among the circuit’s judges, Roper said, who vote to agree or disagree with it. She said more than half must disagree to push the case in front of the entire circuit, or en banc.

“You never expect an en banc hearing,” Roper said. “What it means is, there is disagreement among the judges.”

John Freund, the school district’s attorney, was not immediately available for comment.

Roper said the court will review the case and may order new briefs from attorneys, but cannot take new testimony or evidence. The court may also choose to hear oral argument, but does not have to. Roper expects the court to ask for argument though.

The lower court’s ruling allowing the bracelets stands until a higher court overrules it.

“We still have that win,” Roper said. “The bracelets are still allowed in the school right now, and that will be the situation until the court says something else.”

Copyright (c) 2012, The Morning Call, Pa. Distributed by McClatchy-Tribune Information Services.

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Cardiac Emergency Response Plans: What Schools Need Now
Sudden cardiac arrest can happen at school. Learn why CERPs matter, what’srequired, and how districts can prepare to save lives.
Content provided by American Heart Association
Teaching Profession Webinar Effective Strategies to Lift and Sustain Teacher Morale: Lessons from Texas
Learn about the state of teacher morale in Texas and strategies that could lift educators' satisfaction there and around the country.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit