Middle schoolers' 'boobies' bracelets could go to supreme court

A Pennsylvania school board has chosen to consider towards the Top Court its situation against two junior high school women over "I (heart) boobies!" bracelets, that the students used to boost awareness about cancer of the breast.

The Easton Area School District chosen 7-1 Tuesday evening to appeal a federal appeals court decision from August that ruled in support of the women and located the bracelets weren't lewd or troublesome.

"We are filing a petition using the Top Court," district solicitor John Freund told ABCNews.com. The college district has until December to file for its petition, however the parties won't determine if a legal court will hear the situation before the spring.

"Other courts have discovered banning of those bracelets to become a constitutional and allowable exercise of faculty authority," he stated. "Situation law gives schools the legal right to prohibit material considered lewd, obscene, profane or vulgar."

The situation goes back to 2010, when students Brianna Hawk and Kayla Martinez, then 12 and 13, were suspended for putting on and disbursing the bracelets, created through the nonprofit Have A Breast organization, throughout the school's cancer of the breast awareness day.

The women visited the ACLU, which agreed to consider their situation.

In August, the 3rd Circuit U.S. Court of Appeals upheld a lesser court's decision to lift the prohibit on bracelets, writing inside a majority opinion that "simply because letting in a single idea might invite even more complicated judgment calls about other ideas cannot justify controlling speech of genuine social value."

Lawyers for that women stated when the court decides to listen to the situation they intend to continue the battle.

"We believe the 3rd Circuit first got it right and we are surprised the school district has set a higher priority on attacking speech," stated Mary Catherine Roper, charge ACLU attorney protecting the women.

"Our contention is this fact wasn't lewd. Everybody understood these bracelets were about cancer of the breast awareness," she stated. "The 3rd Circuit found this really is speech a good important social problem. A legal court states if there's ambiguity about lewdness, but no ambiguity in regards to a genuine social value, then you've to choose safeguarding freedom of expression.Inch