The U.S. Supreme Court will announce whether it will hear the case involving the Easton Area School District's desired ban on the "I (heart) boobies!" cancer awareness bracelets Monday.
In August, the 3rd U.S. Circuit Court of Appeals ruled that the "I (heart) boobies!" slogan is protected by the First Amendment. But the school district appealed to the Supreme Court arguing the federal appeals court misapplied previous cases when it made its decision.
In its filing, district solicitor John Freund says school administrators should be able to "prohibit students from using lewd language to convey political or social messages, particularly where the ban does not have the effect of completely precluding the issue from the school forum and the same message can be conveyed in a more decorous manner."
The litigation began when two students, Brianna Hawk and Kayla Martinez, wore the bracelets at their middle school in 2010.
At the time, the pair said they hoped to promote awareness of the disease during the school's Breast Cancer Awareness Day. But school officials suspended them for defying the bracelet ban, which they argued was necessary because the bracelets distracted students and could lead to sexual harassment.
The official announcement will reveal the results of a conference that took place Friday.