"I Heart Boobies" Appeal Set for February
Case involving two Easton Area Middle School students suspended for wearing breast cancer awareness bracelets scheduled for Feb. 20.
The "I Heart Boobies" appeal case now has a date.
The rehearing before all the judges of a federal appeals court is slated for Feb. 20 in The Albert Branson Maris Courtroom in Philadelphia, according to the Easton Express-Times. A panel of three judges heard the case in April.
The entire Third Circuit Court of Appeals had agreed to hear the "I Heart Boobies" case in which two Easton Area Middle School students were suspended for wearing the bracelets for breast cancer awareness.
The court will sit "en banc" -- which means all the active judges on the Third Circuit bench will hear it, according to the ACLU of Pennsylvania.
The American Civil Liberties Union initally sued the Easton school district in federal court in November 2010 on behalf of students Brianna Hawk and Kayla Martinez, who were suspended for wearing the bracelets from the Keep A Breast Foundation.
The district argued the bracelets were inappropriate and could be disruptive. The students testified they only meant to raise awareness of breast cancer.
Federal District Court granted the ACLU and the girls a preliminary injunction in April 2011, ruling the bracelets were not lewd or vulgar.