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Litigation costs in the case, the district took the painting down. >> if they were to start issuing a lot of orders against the school district, certainly that could create some problems for them and they can't roll the dice on that kind of taxpayer money. >> reporter: so the district has argued in court early on in the filings that this portrait is actually, quote, private student speech in a limited public forum and thus protected by free speech clause of the first amendment. and actually not a bad argument, it could be viable and maybe it will happen again, but only if the student club deci...

It's neat to see one 9-year-old to started this, now an 8-year-old following on in that tradition. that's what's great about america. the preservation of the fundamental constitutional principles we all rely upon. alisyn: why was the school offended by a mention of jesus in a poem at a winter party on a candy cane? >> i think that's why they made this extreme argument. it's clearly established that you can't do this. you can't ban student speech which is religious. there have been cases for 30 years on this very point. so they had to go or something pretty radical. their backup argument during...