Board member not ‘happy’ with Supreme Court appeals decision but ‘comfortable’

i heart boobies bracelet
Credit: Dennis Vu Photography for Unleashed Media

One Easton Area School District board member said that while the council as a whole was not necessarily happy with the decision to file a petition with the U.S. Supreme Court in the 2010 I (heart) boobies bracelet case, they were comfortable with it.

“The evidence presented to us by the solicitor showed us that doing the appeal would bring the most benefit to our district,” said Baron Vanderburg, one of seven board members who voted to appeal to the high court after a federal court did not uphold the district’s decision to ban the bracelets.

Two girls, aged 12 and 13, in 2010 were suspended by the district for wearing the rubber bracelets, which are intended to promote breast cancer awareness. The school board at the time — only three of the current nine members sat on the board then — claimed they are of a lewd nature.

The students and their parents fought the decision at the Circuit Court of Appeals, which had ruled in favor of the girls.

In August, the U.S. Court of Appeals for the Third Circuit upheld a previous injunction preventing the school district from enforcing a ban on the bracelets. The American Civil Liberties Union of Pennsylvania had called that a “groundbreaking decision.”

The decision marked the first time a federal appeals court has ruled student commentary on political or social issues is protected by the First Amendment, even if that speech contains language that some could consider lewd.

This week, the school board voted 7-1 to allow district solicitor John Freund to file a petition to the Supreme Court. Freund did not immediately return a request for comment; however Vanderburg said those in attendance at the Tuesday school board meeting had mixed views on the decision.

“A lot of the comments are pointing toward the district letting go of the case and not pursuing an appeal,” he said. “At the same time, we’ve also had some people who have said, ‘Right on.’”

Vanderburg said the school board has been doing damage control since the case began three years ago. “We’re … fixing a situation from a long time ago. We are doing what we feel is necessary for the district.”

The lone board member who voted no against the appeal told newspapers it should be let go. Vanderburg agreed, saying he’d “love to see this thing go away,” but said it was made clear to board members that the district needed to go through with the appeal process.

Follow Metro Philadelphia on Twitter: @metrophilly

Follow City Editor Christina Paciolla on Twitter: @cpaciolla

Follow Metro Philadelphia on Facebook: Metro Philadelphia



News
Entertainment
Sports
Lifestyle
International

Dinosaurs could have survived asteroid strike

It turns out there is a good and a bad time for the planet to be hit by a meteor, and dinosaurs were just unlucky.…

National

OkCupid admits to Facebook-style experimenting on customers

By Sarah McBrideSAN FRANCISCO (Reuters) - OkCupid, a top U.S. matchmaking website, intentionally mismatched users to test its technology, the IAC/InterActive Corp service said on…

Local

MTA fares still increasing 4 percent in newly…

The agency said the 4 percent increases, previously announced in December, will remain steady even as the MTA deals with increasing labor costs.

Local

De Blasio, Bratton defend city's efforts after Eric…

Mayor Bill de Blasio justified the city's response to the death of Eric Garner, a Staten Island man who died while in police custody earlier this month.

Movies

Interview: Brendan Gleeson on the way 'Calvary' depicts…

Brendan Gleeson talks about how his new film "Calvary" began over drinks and how his character here is the opposite of the lead in "The Guard."

Movies

'Get on Up' producer Mick Jagger on the…

Mick Jagger, a producer on the James Brown biopic "Get on Up," talks about the time had to tell the singer some bad news and his favorite JB record.

Television

'Glee' star Lea Michele to appear on 'Sons…

"Glee" star Lea Michele has been confirmed as a guest star in the final season of "Sons of Anarchy."

Television

TV watch list, Monday, July 28: 'The Bachelorette'…

See Andi Dorfman make her big choice on tonight's 'Bachelorette' finale.

NFL

Larry Donnell has inside track in Giants tight…

Little-known Larry Donnell of Grambling State currently has the inside track, as the second-year player has received the bulk of the first-team reps.

NFL

Computer to Jets: Start Michael Vick over Geno…

Jets general manager John Idzik says the choice of who starts between second-year quarterback Geno Smith and veteran Michael Vick will be a “Jets decision.”

MLB

Yankees looking to trade for Josh Willingham: Report

CBS Sports’ Jon Heyman reported Sunday the Yankees are interested in Twins outfielder Josh Willingham.

MLB

Joe Torre: I'm in Hall of Fame because…

Joe Torre spent 18 years putting together a near Hall of Fame career as a player. But it was the 12 years he spent as…

Travel

Glasgow: Hey, hey, the gangs aren't here

This European city has done a good job getting rid of its more violent residents and revitalizing with artists.

Education

Babson College tops list of best colleges for…

Money magazine has just released its inaugural list of "The Best Colleges for Your Money" -- and the answers have surprised many. Babson College, which…

Education

NYC teens learn how to develop apps during…

Through a program sponsored by CampInteractive, the high schoolers designed their own community-focused apps.

Tech

The Ministry of Silly Walks app is both…

Monty Python have dug into their back catalogue for cash-ins once more, but with the Ministry of Silly Walks app, they've made something that's fun too.