as follows:
Alex ... seeks to convey religious beliefs that are critical of homosexual conduct at school. Via T-shirts and buttons, Alex wants to share the message "Be Happy, Not Gay." He also wants to bring and discuss his bible at school, and distribute cards with bible verses during non-instructional time, dealing with the same subject matter. As way of counter to "Day of Silence," a pro-homosexual event that is next scheduled for April 25, 2008, Alex wants to share his views on the day immediately following this event. He likewise wants to share these same views on days following "Day of Silence" during his junior and senior years at NVHS. And Alex further wishes to express his religious beliefs about homosexual conduct at various other times throughout theand "BE HAPPY, NOT GAY" on the back. During Zamecnik's lunchhour, one of NVHS's deans escorted Zamecnik to the office of Dean of Students Wells. Wells told Zamecnik that her t-shirt offended some students and faculty and that she would have to remove it or leave school. Zamecnik objected that she had no other clothing and also that it was unfair to make her remove her t-shirt, but to have allowed the attire that students wore on the Day of Silence.
Wells telephoned Zamecnik's mother ("Mrs. Zamecnik"). After discussing the matter with Mrs. Zamecnik, Wells instructed a female counselor to mark out the words "Not Gay" and Zamecnik was thereafter permitted to complete the day at school. It is undisputed that, during the conversation with Mrs. Zamecnik, Wells suggested