B.H. Ex Rel. Hawk v. Easton Area School District

HARDIMAN, Circuit Judge, dissenting with whom CHAGARES, JORDAN, GREENAWAY, JR., and GREENBERG, join.

Today the Court holds that twelve-yearolds have a constitutional right to wear in *325school a bracelet that says “I ¥ boobies! (KEEP A BREAST).” Because this decision is inconsistent with the Supreme Court’s First Amendment jurisprudence, I respectfully dissent.

I

My colleagues conclude that the Supreme Court’s decision in Bethel School District No. 403 v. Fraser, 478 U.S. 675, 106 S.Ct. 3159, 92 L.Ed.2d 549 (1986), cannot justify the Easton Area School District’s bracelet ban “because [the…