Pinard

I. Factual and Procedural Background

Plaintiffs are eight former members of the 2000-01 Clatska- nie High School varsity boys basketball team in Clatskanie, Oregon.2 The defendants include the Clatskanie School Dis- trict, Jeff Baughman (the varsity boys basketball coach), Michael Corley (the high school principal), Lester Wallace (the high school athletic director), and Earl Fisher (the superin- tendent).3 Baughman, a teacher at the high school before tak-

content-neutral regulations that restrict speech or inherently expressive conduct. Under O’Brien, such a regulation must be upheld “if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” 391 U.S. at 377. The O’Brien framework has been employed by a number of courts in recent school uniform cases. See Canady v. Bossier Parish Sch. Bd., 240 F.3d 437 (5th Cir. 2001); Little- field v. Forney Ind. Sch. Dist., 268 F.3d 275 (5th Cir. 2001);…