A full federal appeals court will weigh an eastern Pennsylvania school district's efforts to ban breast-cancer fundraising bracelets that say “I (heart) boobies!”
A three-judge panel of the 3rd U.S. Circuit Court of Appeals has been considering the case since April. Legal filings now indicate the entire 14-judge court in Philadelphia will hear it.
NBC10 first brought you this story in 2010 after then 13-year-olds Kayla Martinez and Brianna Hawk were suspended and banned from a school dance for wearing the popular breast cancer awareness bracelets.
The two Easton Area Middle School students say their freedom of speech rights were violated when they were suspended for wearing the bracelets. District officials say the word is vulgar.
A federal judge ruled for the students last year. The district appealed to the three-judge panel.
Attorneys for both sides say the panel's draft opinion must have created enough disagreement to spur the full court to hear the case. No date has been set.