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Amicus Curiae the Keep a Breast Foundation and Authority to File

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Amicus Curiae the Keep a Breast Foundation and Authority to File I. INTEREST OF AMICUS CURIAE THE KEEP A BREAST FOUNDATION AND AUTHORITY TO FILE The Keep A Breast Foundation (the Foundation) operates breast cancer education and prevention programs and targets its awareness campaigns towards the youth community. (App. Vol. 1 at 4.)1 The Foundation sells and distributes the “I Boobies!" bracelets worn by the student-appellees which led to their suspension by appellant EASTON AREA SCHOOL DISTRICT. (Id.) A fundamental interest of the Foundation is to promote awareness and knowledge of the breast cancer epidemic among all young people and to encourage them to advocate for their own health. This interest will be frustrated should a school district be able to ban the wearing of the bracelets. This Amicus Brief is desirable, and the matters asserted in the amicus brief are relevant to the disposition of the case, because the amicus brief discusses issues which may not be adequately treated by the parties and are directly relevant to the free speech rights of the student-appellees: the breast cancer epidemic; early detection is critical to treating breast cancer; breast cancer is the leading cause of cancer death in young women under the age of 40; studies show breast cancer may have origins in adolescence; the Keep A Breast Foundation was founded to educate young people about methods of breast cancer prevention, early detection and 1 A cite to a document in the Joint Appendix is referred to as (App. Vol. (volume number) at (page number).) 1 support; the Foundation fosters numerous programs to empower young people with knowledge regarding breast cancer and breast health; the Foundation's “I Boobies!" bracelet campaign was designed to promote open communication and awareness of breast cancer prevention, early detection, and healthy lifestyles among you people; “I Boobies!" bracelet campaign has been successful in fostering breast cancer awareness and communication among young people; and by wearing the “I Boobies!" bracelets, the student-appellees were engaged in speech to raise awareness of breast cancer and to reduce the stigma associated with discussing breast health. The Foundation has filed a motion under Federal Rules of Appellate Procedure, Rule 29(b), to obtain an order permitting filing of the Keep A Breast Foundation's Amicus Brief. II. INTRODUCTION The Foundation respectfully submits this amicus brief in support of the student-appellees' free speech rights to express their support breast cancer awareness, prevention and support by wearing the “I Boobies!” bracelets. Suggesting that the bracelets are lewd or vulgar is not only inaccurate but contrary to the public interest in reducing the breast cancer epidemic. To prevent breast cancer from claiming more lives, we must educate the youth community about the risks of breast cancer and the effect their lifestyle choices as young people will 2 have on the likelihood of developing breast cancer later. In fact, we must go beyond education and encourage activism. When attempting to combat a disease that has roots in youth but may not manifest itself for decades to come, we must engage young people to be their own advocates. Young people need to be aware that breast cancer can happen to them, and, equally important, be empowered to know that there is something they can do to reduce their risk of contracting breast cancer The District Court correctly granted the preliminary injunction in H., et al. v. Easton Area School District (App. Vol. 1 at 5) and its ruling should be affirmed: * The District Court correctly concluded the bracelets "cannot reasonably be considered lewd or vulgar under the standard of Fraser." (Id.) * The District Court correctly concluded the bracelets are "intended to be and can reasonably be viewed as speech designed to raise awareness of breast cancer and to reduce stigma associated with openly discussing breast health." (Id.) * And the District Court correctly concluded that the school district failed to present "evidence of a well-founded expectation of material and substantial disruption from wearing these bracelets under Tinker." (Id.) The Keep A Breast Foundation respectfully requests that this Court protect the First Amendment free speech rights of the student-appellees by affirming the District Court’s ruling. To not do so would send a message to young people that 3 talking about breast health, and engaging in breast cancer activism, is shameful and inappropriate. III. BACKGROUND A. Early Detection Is Critical To Treating Breast Cancer Breast cancer will afflict one in eight American women in their lifetimes. (American Cancer Society, Breast Cancer Facts & Figures 2009-2010, p.11.) Breast cancer is the most common cancer among American women after skin cancer. (http://www.cdc.gov/cancer/breast/.) In the United States during 2007 -- the latest year for which statistics are available -- 202,964 women were diagnosed with breast cancer, and 40,598 women died from the disease. (http://www.cdc.gov/ cancer/breast/.) In Pennsylvania, the incidence of breast cancer is 122.6 to 124.8 per 100,000 women. (http://www.cdc.gov/cancer/breast/statistics/state.htm.) Breast cancer has a significant effect not only on the women diagnosed, but also on their families and friends. Researchers have made steady progress in understanding the disease, risk factors, environmental impact and treatment strategies. Only five to ten percent of breast cancer victims have a hereditary link to breast cancer. (App. Vol. III at 712.) Environmental factors account for the vast majority of breast cancer cases. (American Cancer Society, Breast Cancer Facts & Figures 2009-2010, p.11.) What has been consistently clear is that early detection is the key to giving women 4 the best chance at survival. (American Cancer Society, Breast Cancer Facts & Figures 2009-2010, pp. 18-19.) Continuing to educate women about the importance of maintaining a healthy breast screening regimen is vital because, unfortunately, at this time, there is no cure for breast cancer and no sure way to prevent the disease. (American Cancer Society, Breast Cancer Facts & Figures 2009-2010, p.11.) Breast cancer screening -- checking a woman's breasts for cancer before there are signs or symptoms of the disease -- can help find breast cancer early when it is most treatable. (http://www.cdc.gov/cancer/breast/statistics/screening. htm.) Symptoms of breast cancer may include a lump in the breast, a change in size or shape of the breast, or discharge from a nipple. (http://www.nlm.nih.gov/ medlineplus/breastcancer.html.) Breast self-exam and mammography can detect these symptoms. (Id.) A mammogram is an X-ray of the breast. (http://www.cdc. gov/cancer/breast/statistics/screening.html.) B. Breast Cancer Is The Leading Cause of Cancer Death In Young Women Under The Age of 40 The statistics supporting the need for breast cancer awareness among young women are alarming. (App. Vol. III at 439, 710.) Girls as young as 4 and 10 years old have been diagnosed with the disease. (App. Vol. I at 11; App. Vol. III at 439, 710.) Although the chances of getting breast cancer increase with age, and the incidence of breast cancer in young women is much lower than that of older 5 women, young women's breast cancers are generally more aggressive, diagnosed at a later stage, and result in lower survival rates. (http://www.cdc.gov/cancer/breast/ basic_info/risk_factors.htm; App. Vol. III at 439.) In fact, breast cancer is the leading cause of cancer deaths in young women under the age of 40. (Id.) Further, a woman diagnosed with breast cancer under the age of 40 has a 4.5-fold increased risk of developing breast cancer again in later life. (American Cancer Society. Breast Cancer Facts & Figures 2009-2010, p.13.) Despite these facts, many young women mistakenly believe that breast cancer is only a problem for women over 40 years old. (App. Vol. III at 439.) As a result, diagnoses are delayed and young lives are cut short. (Id.) C. Breast Cancer May Have Its Origins in Choices Made During Adolescence Researchers are working diligently to understand how environmental factors intersect with puberty and breast development to contribute to breast cancer. (UCSF Magazine. Losing Paradise, Vol. 24, No. 1, April 2004.) One factor is the presence of excess estrogen, which can act hormonally to promote the subsequent growth and development of cancerous tumors. (Id.) Excess estrogen is believed to raise breast cancer risk by increasing a woman’s lifetime exposure to her own estrogen. (Id.) The two most relevant excess estrogen-generating issues to the youth community are obesity and toxicity: 6 Obesity in young people has reached epidemic levels, and is linked to many serious health problems. (http://www.cdc.gov/chronicdisease/resources/ publications/aag/obesity.htm.) In relation to breast cancer, obesity leads to an overproduction of insulin, which in turn affects the hormone balance and creates an excess of estrogen. (Pediatrics, Weight Status in Young Girls and the Onset of Puberty, Vol. 119, No. 3 (March 1, 2007), pp.2624-2630.) Studies suggest that excess estrogen may result in an earlier average of onset of puberty for American girls. (Id.) Early puberty increases the risk of breast cancer because of the extra time a woman will be exposed to her estrogen. (Scientific American Blog (November 20, 2009).) Toxins in food and home products can also lead to an excess of estrogen in young women. (Id.) Research into bisphenol-A, commonly found in plastics and canned goods, and phthalates, commonly found in personal care products, have been found to be estrogen-mimicking compounds. (Id.) The presence of these “endocrine disruptors” is being linked to early onset puberty and disruptions to the cell division that accompanies breast development. (Id.) Like obesity, toxins lead to increased estrogen exposure over a lifetime, which will put a woman at risk for developing breast cancer.
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