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United States Third Circuit

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B.H. v. Easton Area School District, 11-2067

A preliminary injunction enjoining defendant's ban on middle-schoolers wearing bracelets bearing the slogan "I ♥ boobies! (KEEP A BREAST)" as part of a nationally recognized breast-cancer-awareness campaign, is affirmed, where: 1) the bracelets here are not plainly lewd and because they comment on a social issue they may not be categorically banned under Bethel School District No. 403 v. Fraser; and 2) defendant has also failed to show that the bracelets threatened to substantially disrupt the school under Tinker v. Des Moines Independent Community School District.

Appellate Information

  • Decided 08/05/2013
  • Published 08/05/2013




  • United States Third Circuit


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