lawsuit was thrown out because they said that the school had the right to tell the caucasian students to go home with their t-shirts. >> bill: why? >> did you a lot of good there bill i have to say now you and the judge who thinks like you has said that viewpoint discrimination in schools is just fine. >> bill: what was the judge's reasoning to give the school the victory? >> there were two things. there were two items at issue. number un, you had to show that there was the likelihood of substantial disruption by the kids wearing the american flags, right? you and i were talking about that. >> bill: the judge believed there was. >> there was. i have to say on that point the evidence that developed in the course of the case, which was not out when you and i had our debate, did suggest that there would be substantial disruption. >> bill: second point? >> second argument was it's viewpoint discrimination because the principal only sent home, vice principal actually only sent home the kids wearing the american flag t-shirts and not the kids wearing the mexican colors. >> did the judge say that. >> yes. >> said there was viewpoint discrimination. >> no. the caucasian kids -- you.