Boobies Case Decision

1-23-2014 Pennsylvania:

This case arises out of a controversy between Fort Wayne Community Schools (Defendant) and a student, J.A. (Plaintiff), over a bracelet bearing the slogan “I ♥ boobies (Keep a Breast).” The school interpreted the bracelet as conveying a lewd, vulgar, obscene, or plainly offensive message and confiscated it from Plaintiff when she wore it at school. Plaintiff argues that the bracelet promotes a positive breast cancer awareness message and that the school’s ban violates the First Amendment’s free speech protections. She seeks a permanent injunction allowing her to wear the bracelet at school.

The parties agreed that the trial on the merits should be advanced and consolidated with the preliminary injunction hearing pursuant to Fed. R. Civ. P. 65(a)(2). They introduced evidence in the form of depositions and exhibits and submitted trial briefs. The Court also held a hearing to allow the parties to present their arguments orally.

The Court has reviewed all submissions and has considered all the arguments. Giving deference to the school as it must, the Court finds that Defendant’s interpretation of the bracelet as lewd or vulgar is reasonable.

Therefore, the Court denies Plaintiff’s request for a declaratory judgment and permanent injunction.

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CONCLUSION

Running one of the largest school corporations in the state is a difficult task. The last thing Fort Wayne Community Schools needs is for an outsider from a courthouse to scrutinize every move in the schoolhouse. The evidence in the record demonstrates that Defendant prohibited the bracelet based on a reasonable belief that it was lewd, vulgar, obscene or plainly offensive.

Therefore, this Court must defer to Defendant’s judgment and deny Plaintiff’s motion for a permanent injunction.

The Court denies Plaintiff’s motion for declaratory judgment and permanent injunction (DE17). The Clerk is ordered to enter judgment in favor of Defendant. ..Source..