I ♥ Boobies Bracelets Not Lewd.

Middle school kids wore bracelets to school that said, “I ♥ boobies (KEEP A BREAST)” as part of a nationally recognized breast cancer awareness campaign.  The school district banned the bracelets, relying on Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675, [106 S.Ct. 3159, 92 L.Ed.2d 549],which held that a school district had authority to sanction a student for use of offensively lewd and indecent speech. A federal action was filed, and the district court issued a preliminary injunction. In the school district’s appeal, the federal appeals court held that a school district could not restrict speech that could plausibly be interpreted as commenting on any political or social issue, and that the bracelets were not plainly lewd.  The United States Supreme Court declined to take the case.   (Easton Area School District v. B.H. (U.S. Sup. Ct.; March 10, 2014) (cert. denied) 134 S.Ct. 1515; [188 L.Ed.2d 450]; (prior case) B.H. v. Easton Area School District (2013)725 F.3d 293.)