I certainly agree with you that it would be tougher to prevail against the Board. However, at the same time their right to due process still exists. In this particular case I would imagine the question might be whether they had a 1st Amendment right as regards the yearbook and how extensive it might be. What they had proposed for the yearbook was certainly not obscene so the question would be whether their right to express themselves as gay students was being denied and was it being denied merely because other parents felt "uncomfortable" with what they had written. Moreover, the District acknowledged their mistake.
