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:
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