because it conceivably might have such an effect.” Id. at 1274. And when censorship constitutes a “prior restraint” on speech — a ban on speech that has not yet been expressed — the law is clear that a school board bears a “heavy burden” to justify its ban. Healy v. James, 408 U.S. 169, 184, 92 S.Ct. 2338, 2347, 33 L.Ed.2d 266 (1972); Shanley, 462 F.2d at 969. In the context of speech involving the issue of homosexuality, several decisions have affirmed students’ First Amendment rights. See Chambers v. Babbitt, 145 F.Supp.2d 1068 (D.Minn.2001) (rejecting school board ban on a t-shirt with the message “Straight Pride,” notwithstanding evidence of “gay-bashing” speech and vandalism of a student’s car who was perceived to be homosexual); Henkle v. Gregory, 150 F.Supp.2d 1067 (D.Nev.2001) (<HOLDING>); Fricke v. Lynch, 491 F.Supp. 381,
holding that plaintiff had stated a claim for violation of his first amendment right to intimate association where he alleged that his employer harassed him in retaliation for his fathers political activities holding that prisoners complaint alleging that he was punished for filing a grievance against a correctional officer was sufficient to provide notice of claim that he was retaliated against for exercising his first amendment rights holding that student stated a claim for violation of his first amendment right to speech when he alleged that school officials prevented him from openly stating that he was homosexual and retaliated against him for doing so holding that a suspect must be warned prior to any questioning that he has the right to remain silent that anything he says can be used against him in a court of law that he has the right to the presence of an attorney and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires holding that public school violated homosexual students first amendment right to speech and expression when it banned him from bringing a samesex date to the prom notwithstanding that the student and another homosexual student had previously been assaulted by other students and that the school was forced to provide additional security and escorts