Education Law Insights

Can Schools Prohibit “I ♥ boobies” Bracelets . . . Or Not?

Posted by Brian Crowley on August 28, 2013

This month, two courts issued dramatically different opinions about whether school districts can prohibit breast cancer awareness bracelets reading “I ♥ boobies” without running afoul of students’ First Amendment free speech rights. In both cases, the school districts argued that they could prohibit the speech in the school context based on the 1986 Supreme Court case Bethel School District v. Fraser. In Fraser, the Court upheld the suspension of a high school student for making a speech full of sexual innuendos during a school assembly. The Fraser Court held that the discipline did not violate the student’s First Amendment rights, and that opinion has been interpreted to authorize school discipline of lewd, vulgar, obscene, indecent, or patently offensive speech in the school environment. (more…)