1st Amendment and Free Speech/Breast Cancer Bracelets

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Expert: - 10/16/2011


Question
In our family and in our community there is a lot of cancer. Our local stores are selling attire from the Keep a Breast Foundation, a nation wide breast cancer awareness group. Their slogan is "I love boobies.(Keep a breast). Our local public school principal has decided that this is offensive and is physically removing these bracelets from kids, sending them to detention and not allowing them to call home when it happens. This has angered many parents. So upon going into the school and asking why this is happening their only response is that the principal, a female, finds it to be offensive and it is up to her to determine what is offensive and what isn't! How is that right? So what if other people find religious symbols to be offensive? Or skulls etc.? What rights do we have here? Where do we go from here?

Answer
Amanda,

Schools are continuing to try to ban the controversial “I Love Boobies” bracelets, even after a federal court in Pennsylvania ruled that such bracelets were protected by the first amendment.  The Pennsylvania Court’s 40-page opinion ruled that the particular school district in question failed to prove a “well-founded expectation of material and substantial disruption from wearing these bracelets….”  Other school districts are apparently spending their limited financial resources on lawyers they hope will make a better case for them such as in Watertown, MA.  See link:

www.thebostonchannel.com/news/27597894/detail.html
 
  

I would suggest the following course of action:  Read the school's student handbook for appeal procedures on any disciplinary action you receive (e.g. detention or suspension).  Write the appeal letter and deliver it Most appeal procedures first require a hearing in front of the principal, and then the school board).  Go and contact the media.  Look up newspapers and local T.V. stations online, and email them.  Many schools will back down from the embarrassment of such a ban.  If that doesn’t work, call your local chapter of the ACLU or an attorney who wants the notoriety from performing pro bono (free of charge) work.

Jeff


Jeffrey Hauck, JD, CPO, CII
Hauck Risk Management
Post Office Box 142
Macungie, PA 18062
www.hauckrm.com; www.private-eye.homestead.com
pa.detective@gmail.com
Tel: 484-274-3909

"This answer on AllExperts does not constitute legal advice.  This answer is merely a suggestion reflective of the fact that the questioner should consult a practicing attorney in their local area who is familiar with that respective area of the law with which he or she is concerned."  

1st Amendment and Free Speech

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Jeffrey-Peter Hauck

Expertise

I would welcome the opportunity to answer questions related to or relating to the First Amendment of the U.S. Constitution.

Experience

Adjunct professor of criminal justice and political science teaching the courses of "criminal law" and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Holder of over 50 certifications relating to police instruction. Currently a licensed private detective. 8 year veteran of the United States Army as a Staff-Sergeant/ E-6. Served as Platoon Sergeant and other roles. Primary MOS was 11B3PF7, Airborne Infantry NCO and Pathfinder. Cross trained as supply NCO (76Y) and administration NCO (71L). Graduate of PLDC, BNCOC, and ANCOC leadership schools. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.

Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU).

Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright.

Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Emmaus, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training.

Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004.

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