Public schools do not have free rein to ban speech that isn't necessarily offensive, especially if that speech pertains to a social or political issue, the U.S. Court of Appeals for the Third Circuit has ruled in a split en banc opinion.

The case, B.H. v. Easton Area School District, PICS No. 13-2306, was brought by two Easton, Pa., middle school students who were suspended after wearing breast-cancer awareness bracelets that said "I (heart) boobies." They were represented by lawyers from the American Civil Liberties Union.