'I (Heart) Boobies' Middle Schoolers Speak After Court Rules In Their Favor

EASTON, Pa. (CBS) -- "I (heart) boobies" is now protected speech in the Easton Area School District which means two Easton Middle School students – Kayla Martinez, 13, and Brianna Hawk, 13 – are free to wear breast cancer awareness bracelets with that phrase to school.

In October the district banned the bracelets, arguing the phrase was vulgar and caused disruptive behavior during school.  The girls' parents, along with the American Civil Liberties Union, filed suit in federal court under the First Amendment, drawing national attention to the story.  

Late Tuesday, federal judge Mary McLaughlin ruled in favor of the girls and ordered the district to end the ban.

"I had them [the bracelets] on today and nobody really said anything to me," Kayla Martinez told Eyewitness News in an interview after school.  "I think the judge made the right decision because she was totally fair with everybody."

Martinez and Hawk said a number of students wore the bracelets to classes on Wednesday.  Martinez said there were no problems at school but a few students posted negative comments about the bracelets on Facebook.  

"They said 'You guys should have just worn the little pink [breast cancer awareness bracelets] instead of the boobies ones,' and 'The judge was stupid,'" she said.

The judge ruled that the phrase "I (heart) boobies" does not rise to a level of lewdness or vulgarity that would permit the school district to sanction it, and the district did not provide sufficient evidence of disruptive behavior caused by the bracelets.

Still, the school board has not made a decision about whether to appeal.  Some board members are concerned allowing the bracelets is a slippery slope and could encourage other students to wear bracelets or clothing with sexually suggestive phrases.

"I will recommend that the opinion I believe is reversible," said John Freund, the district's attorney.  "These bracelets do carry a sexual double entendre.  She [McLaughlin] didn't see that."

For now, both Martinez and Hawk say they will wear the bracelets to school – a lot of them.  Each had four bracelets on their arm Wednesday.  The bracelets support the "Keep a Breast" Foundation – which works to spread breast cancer awareness to women in their teens and twenties.  

"I wanted to wear the bracelets because some people close to my family have gone through breast cancer," Hawk said.  "It shows people that there are cancers out there that people can get at any age."

"I think everybody has a right to freedom of speech and should stand up for what they believe in," said Martinez.  "This was the best thing I've done in my life."

Reported by Ben Simmoneau, CBS 3