https://en.wikipedia.org/wiki/Hazelwood_School_District_v._Kuhlmeier Thanks for that lead.  A/B Testing I think the way to test the pedagogical concern would be for a random high school cheerleading squad should hold a sign for hillary 2020 (or harris / warren / whatever) and nothing will happen to them, and then THAT SAME GROUP A WEEK LATER holds up a Trump 2020 sign and get detention for it Then they can go to court,  cite the Hazelwood decision and then prove by A/B test that the administrators were playing favorites by not expressing the same level of concern for the democrat sign (nor can there be any exclusionary factors since it's the same group of cheerleaders); and therefore a double standard proves there was no pedagogical concern and thus the admiinistrators actually DID conspire against the students' rights