A sophomore at Neuqua Valley High School in Naperville can wear a T-shirt with an anti-gay message to class next week to protest the school's annual Day of Silence promoting tolerance of homosexuals, a federal appeals court has ruled.
The 7th U.S. Circuit Court of Appeals ruled Wednesday that Alexander Nuxoll has a 1st Amendment right to wear the T-shirt, which reads "Be Happy, Not Gay." That right, according to the ruling, supersedes Indian Prairie District 204's desire to limit disruptions that might be caused by the student wearing it.
The court also ordered the district not to discipline Nuxoll for wearing the shirt to school, which he intends to do Monday, said Nate Kellum, senior counsel for the Alliance Defense Fund, which litigates on behalf of Christian causes.
"Public school officials cannot censor a message expressing one viewpoint on homosexual behavior and then at the same time allow messages that express another viewpoint," Kellum said. The American Civil Liberties Union also filed a brief with the court supporting the student's right to wear the shirt.
I will defend to the death your right to offend me.
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