Since it is the Ninth Circuit hearing the case, the parents have a much better chance prevailing on appeal than perhaps a different circuit appellate court.
The Fruddens’ appeal is now being argued by Eugene Volokh, a lawyer and professor at UCLA School of Law.
In the opening brief, Volokh argues that the Gomm policy is “not content-neutral dress policy because it provides an exemption for uniforms of nationally recognized youth organizations such as Boy Scouts and Girl Scouts.”
Volokh, who argues First Amendment cases around the country, said he called the Fruddens and offered his service pro bono after reading about the case when it appeared in an online legal query he follows.
“The trial courts there decided it wasn’t a First Amendment issue to have a motto on their shirt that students are required to wear,” Volokh said of the case.
The district is arguing that the mandatory uniforms are "content-neutral," and therefore the First Amendment doesn't apply.
We will see how this goes.