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Pennsylvania Girls Fight 'Boobies' Bracelet Ban in US Court
Filed under: In The News
"I (heart) boobies" bracelets have been banned in some public schools. Credit: MCT
The free-speech case involves Easton Area Middle School, whose principals struggled on the witness stand Thursday when asked if T-shirts with the words "breast cancer" should be permitted on the school's Breast Cancer Awareness Day.
The middle school, a 90-minute drive north of Philadelphia, suspended two girls in October for refusing to remove the colorful rubber bracelets, which have become wildly popular among teens across the country.
Some school officials are far less enthusiastic. But the Easton Area School District is the first to try to defend a ban in court, according to the Keep A Breast Foundation, the small Carlsbad, Calif., nonprofit that sells the bracelets to engage young people in breast cancer awareness.
In U.S. court Thursday, a school district lawyer asked the suspended girls, Brianna Hawk and Kayla Martinez, if they wore the bracelets as fashion statements or simply to make waves by defying a school rule.
The girls, whose mothers supported the protest, acknowledged they celebrated with high-fives as they were called down to the principal's office. Martinez testified they were "proud of standing up for what we believed in."
"Ever since I got that bracelet I've been researching breast cancer," the seventh-grader said. "Anybody that gets this disease ... could die from it. It's very tragic."
The girls were suspended for what the school considered "disruption, defiance and disrespect" - although they were previously told they had violated the school dress code. According to the school district, the bracelets prompted at least two boys to try to touch girls inappropriately.
"Do you think boys would have a natural attraction to girls' breasts?" school district lawyer John E. Freund III asked Hawk in one of the day's more awkward moments.
They do, Hawk agreed. But the confidant eighth-grader did not buy his double-entendre theory.
"I don't see a double meaning," she testified.
The girls, who each said they knew someone who had suffered from breast cancer, each served a 1 1/2-day suspension.
Schools from Florida to California also have tried to ban the bracelets. The American Civil Liberties Union, which is representing the Pennsylvania girls on free-speech grounds and described them as good students, successfully intervened without filing suit in a few other districts.
The ACLU admits the "boobies" slogan may be irreverent but says it falls far short of the obscene or profane speech the U.S. Supreme Court permits schools to ban.
Hawk testified that where she grew up, "my family, they call (breasts) boobies. Other people might call them other things."
The girls asked U.S. District Judge Mary McLaughlin to lift the bracelet ban and expunge their disciplinary records.
The judge plans to hear oral arguments in the case early next year before ruling. She asked the school's principal for seventh and eighth grades, Angela DiVietro, if the bracelets had caused distractions before the ban was announced in late October.
DiVietro replied that teachers were concerned the bracelets would start to become "a disruption in the classroom."
"They were concerned they were making a mockery out of the breast cancer awareness campaign, and some of the kids were wearing it just to wear it," she said. "It was a fad. It was cute. It was more appealing to that age group."
The Keep A Breast Foundation aims to raise young people's awareness about breast cancer through art exhibits, a pilot school program and outreach at music and skateboard festivals, marketing manager Kimmy McAtee testified.
The organization has grown from about three employees to seven in the past few years, and spends about 13 percent of its revenues on overheard, marketing manager Kimmy McAtee said. The foundation gets $1.50 from each bracelet sold by an outside retailer and $4 from its own sales.
"I see no sexual message in the 'I love boobies' campaign," McAtee testified.
However, she concedes the message isn't for everyone.
"Some people don't want to wear the term 'boobies' just as I wouldn't want to wear a Gap T-shirt," she said. "It's very much a personal preference. Some older people may not feel that it resonates with them."
Copyright 2010 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL. This article was written by MARYCLAIRE DALE, Associated Press.











ReaderComments (Page 1 of 7)
12-18-2010 @ 6:38AM
azeka3 said...And just what is wrong with the word BOOBIES? The IDIOT that started this ban must be some kind of nut.
Reply
12-18-2010 @ 9:41AM
Sarge said...Pound sand.
12-18-2010 @ 10:15AM
The Truth said...The problem with some kids (and their parents) today is they think they're just too cute. (They both need to grow up)
I can just hear the kids now..."BOOBIES" yay, tee hee, lol, etc...
Bottom line it's a distraction. Fund raisers and social awareness can wait until the school day is over.
Calling a breast what it is has always worked, so leave your boobies and tits in the porn magazines in your shed.
School is not about raising public awareness for breast cancer.
There's plenty of (other) time to do what you want, so while our kids are in school let's try to focus on that.
12-18-2010 @ 10:33AM
shanaynae said...Last time I was on a walk for breast cancer I don't recall anyone coming up to me asking questions about school.
We were there for breast cancer awareness and fund-raising maybe that's why scholastics didn't come up. (Hmmmm)
While our children are in school they DO NOT need to be distracted with ANYTHING else.
I'm all about social awareness and fund-raising, but there's a time and place for everything. "Boobies" do not belong in schools.
12-18-2010 @ 11:45AM
Morgan said...I get what you mean about school being about education, however I feel that activism and awareness are a part of what students are and should be being educated about. These girls are in middle school so it is a little different, but I know when I was in high school what happened during the school day was the main focus of my life, and I'm not talking about what I learned in math class. The fundraisers for causes that happened at lunch time or the current issues some teachers discussed in class where were I got most of my information about subjects like breast cancer awareness and other forms of activism. If I hadn't heard about this at school and been encouraged to be a part of supporting a cause I don't think I would have learned this any where else at that age. As adults we need to be able to learn about things like breast cancer awareness and form opinions and for some people then be active in supporting the cause, if kid's don't learn about this in school as a part of socialization what will happen? Will we cease to have people that literally fight to educate others about issues?
I'll admit, I think the I heart boobies campaign can come across as offensive, but it obviously gets attention, and that's what causes need to get support.
12-18-2010 @ 1:08PM
tara said...I couldn't agree with you more!! I am a breast cancer survivor myself, and anything that can bring awareness is a good thing in my opinion. Whoever started this 'ban' is doing nothing but revealing him- or herself as someone so hung up on the hint of anything sexual that they find themselves actually obsessed in that direction. They see sex inferences everywhere they look. The "Feel You Boobies" campaign has been around for years now, to encourage people to do self breast exams. It's not sexual. It's not lewd at all. It's about saving lives. I hope these girls win their fight. Breast cancer awareness is far too important a subject to allow some anally retentive bully to block.
12-18-2010 @ 2:08PM
patm406 said...Everything is wrong with the word boobies. How about boys and girls wearing shirts that say save the weenies, or I heart balls. It creates a distraction. Don't try to sit back and pretend it doesn't. These parents must know how kids behave since they seem to behave similarly. By the way, parents being called into school is not really that cool and there's really nothing to be proud of. Grow up. Your kids are breaking the rules and you want to celebrate that as if the rules don't matter. In my opinion, people who support this are exactly what is wrong with society.
This entire scenario is one giant distraction, which I can only assume is exactly what the opposition desires. Congratulations, you're succeeding at promoting your cause at the expense of the of kids who are trying to obtain an education while tearing down the institution that provides it. These people are the reason kids act out, since the parents have made it obvious that the rules are flexible. Maybe you should take half the energy you put into fighting for dumb bracelets into finding other ways to promote breast cancer awareness that don't involve undermining the schools authority. Teachers jobs are hard enough. You should remember this isn't about you and your crusade, but about breast cancer awareness.
12-18-2010 @ 6:40PM
pinhead26 said...I think there is nothing wrong with making children aware at an early age. There is nothing wrong with the bracelets.
12-19-2010 @ 10:09AM
HOLLY GOULD said...Do you really want your middle schoolers drawing more attention to their developing breasts than is necessary!?!? Your daughter goes to school wearing a bracelet or shirt saying "I love Boobies" .... don't you think the hot, popular boy she has a crush on this month is going to say the same thing in agreement? HELLO PARENTS! Do we really need to spell out the disaster waiting to ensue here? Keep kids kids. Don't make or let them grow up so fast. Enjoy the FAMILY FREEBIES from Http://bit.ly/dailysample this week and help your daughter mature in a responsible way to be respected.
12-18-2010 @ 6:38AM
sally said...I think their stupid.........they should be banned........they knew, when printing these out, somewhere along the way, there would be controversy.........that's why they made them........I support breast cancer, but I also support getting rid of these stupid bracelets.
Reply
12-18-2010 @ 7:14AM
m said...Well who are you, or the school board, to decide what's appropiatev or not? I doubt bracelets caused boys to touch girls inappropiately, i think they were in a relationship. 'They're stupid'? become literate, and make sense. They are to support breast cancer, and they probably lied about not realising the double meaning. I think they did this to stand up to the school, and i applaud them.
12-18-2010 @ 8:13AM
CMG said...Sally, i am with you on theses BOOBIE Bands, my mom passed away from breast cancer and these things are a disgrace to the people who have passed on from this painfull sicknss. This same fight went on in cal. and they lost, I SWEAR ONLY BY THE PINK RIBBON, these bobbie band are what the boy's like, get rid of them , i hate them they disgrace the real CANCER PINK RIBBON! You little girls LOOSE!
12-18-2010 @ 8:11AM
Dan said...I think anyone who does not know the difference between they're and their should not be allowed to comment on anything related to public schools.
12-18-2010 @ 10:03AM
siientsieep said...M, you obviously don't know kids very well if you don't think boys won't feel encouraged to touch some girl's breasts because of these bracelts. Kids are generally immature, it's a given. They do dumb things and some kid is going to go 'oh I love boobies..let me show you how much' then proceed to grope some girl. I'm all for making kids aware of cancer, but there are more appropriate ways to do so. They are called breasts...use the term. 'Boobies' is belittling.
12-18-2010 @ 10:03AM
Mary Lou said...Yes penile cancer does exist.
12-18-2010 @ 10:55AM
Helen said...These kids, should learn to respect school rules and authority. It is not the other way around. School is for education. I think it is a disgrace towards REAL CANCER VICTIMS to be wearing such gross bracelets. The school had every right to BAN them. Obey the rules, or out you go. Go make your gross statements some place else. Schools are to get an education, not for these brats to try to change the school for their ugly benefits. It is totally disgraceful, BAN THOSE BRACELETS from schools. These kids should show respect to authority, and also for the CANCER SUFFERERS. I am appalled at them. They are at school to get educated, not to force their RULES, what a disgrace, and their parents should also be to blame, for not teaching them better. They are not showing respect to the BREAST CANCER VICTIMS. Find them very disrespectful to these CANCER VICTIMS. For once show these children, what authority is about, not them making the rules in the schools. No wonder the world is in such a mess. It is time parents stood up against these out of control children with their language and behaviour.
12-18-2010 @ 12:11PM
Chris Taylor said...'These kids, should learn to respect school rules and authority"
People like you disgust me. People like you are WHY this country is in the hole its in.
WE THE PEOPLE. not WE THE AUTHORITY. Learn it. Its the supreme law of this land.
the 1st amendment says SHALL MAKE NO LAW. not SHALL MAKE NO LAW EXCEPT IN SCHOOL.
YOU are wrong. SCOTUS is WRONG.
and have you BEEN to any of our schools today? I am sorry but its a grievous INSULT to call what is happening in schools today "education"
12-18-2010 @ 12:38PM
Dusty754 said...sally said...
I think their stupid.........they should be banned........they knew, when printing these out, somewhere along the way, there would be controversy.........that's why they made them........I support breast cancer, but I also support getting rid of these stupid bracelets
So why should they be banned? Because of the word boobies? Funny thing is they are bracelets and the writing is small so they don't exactly stand out like a billboard. But if YOU want them banned then perhaps the rest of the world or the US will ban your first amendment right to free speech. That would be a good trade wouldn't it? The bracelts are banned and your free speech right is banned.
12-18-2010 @ 2:09PM
patm406 said...Who is he/she or the school board to decide what's appropriate? Seriously? Who else besides the school board should decide what's appropriate? I can't for the life of me imagine who in their right mind would want to be a teacher. It takes a special person to deal with some of you know it all parents. There's a reason we rank so poorly against schools in other countries. Maybe you should spend a little less time encouraging your child to challenge authority and a little more time listening to what is being taught in the classroom. I know, I know, your kid gets straight A's, but remember it's about the lowest common denominator. What you're doing creates a distraction for other students.
12-18-2010 @ 2:17PM
Tex said...Get rid of the bracelets? Nonsense! Every time I see a pimply-faced teenager wearing an "I heart Boobies" bracelet, I stop whatever I'm doing to donate to breast cancer research. What else could those hormonal creatures be thinking?