Lawsuit on 'Boobies' Bracelets

In Philadelphia, two mothers have filed a free-speech lawsuit Monday against a Pennsylvania school district in Easton that suspended their daughters for wearing the popular “I (heart) boobies!” bracelets.  The American Civil Liberties Union believes the lawsuit is the first in the country over a school’s ban on the bracelets. The bracelets were designed to raise breast-cancer awareness among young people. Easton district banned the bracelets in October, a month into the school year after students had been wearing them.  The two girls had their parents’ permission to wear the bracelets.  One of the mothers feels the suspension is harsh, since that the 12-year-old agreed to wear the bracelet inside out, with only a breast cancer-awareness website address showing, but, which was also deemed inappropriate under the school dress code.  The ACLU calls the bracelets perhaps silly and irreverent, but not lewd or indecent.  In a statement, the ACLU has said that the First Amendment does not allow schools to censor students’ speech just because some students and teachers are offended by the non-vulgar educational message. Read More

Under the United States Constitution, Obscenity does not have 1st A protection. There is a case law inspired 3 prong test for determining obscenity:

  1. Material must present and portray sex in a patently offensive way.
  2. Material (book, movie or picture) when taken as a whole by a person of average sensitivity and applying community standards appeal to the prurient interest of its intended audience (lewd, lascivious and lustful)
  3. Material utterly lacks serious, literary, artistic, political, scientific or socially redeeming value.

The lawyers at Leeds Morelli & Brown, PC works hard to fight for their clients individual rights which are protected under the United States Constitution.  Our firm has had considerable success in civil matter throughout Long Island and the New York City area.  For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.