remain silent during the day, but may be required to speak in classes or when a spoken response is deemed necessary by a school staff member. Many students and some staff members wear shirts during the day expressing their support for GSA. In 2006, this shirt included the phrase "Be Who You Are."
Plaintiffs profess sincere Christian religious beliefs which condemn homosexual behavior as immoral. They also believe that homosexual behavior is damaging to persons as well as to society in general. In past years, the Alliance Defense Fund ("ADF") has promoted an event called the "Day of Truth" for the day after the Day of Silence. ADF promotes wearing a shirt that has the ADF logo and "day of truth" on the front and "The Truth cannot besilenced" and the Day of Truth organization's website address on the back.
The case is now before the court on the motions of Nuxoll to amend the complaint and for preliminary injunction. Also, defendant Bryan Wells has moved for summary judgment based on a claim of qualified immunity.

I. HISTORY OF THE PROCEEDINGS
In 2006, Zamecnik remained silent on the day after the Day of Truth. She also wore a t-shirt that had "Be Happy, Not Gay" on the back. School officials, however, required that she cross off "Not Gay." Zamecnik seeks nominal damages regarding the 2006 events.
This lawsuit was filed on March 21, 2007 and a motion for a preliminary injunction seeking relief related to the 2007 Day of Truth was presented just fifteen days prior to the Day of