In Tinker v. Des Moines, the U.S. Supreme Court ruled a school district erred when it punished students for protesting the Vietnam war by wearing black arm bands. In Bethel v. Fraser, the Court ruled another district was within its rights to punish a student who used sexual innuendos in a speech to the student body.
The difference was the potential for disruption. The anti-gay t-shirt case referred to in this story ignores disruption and considers infringement of “the rights of others.” Odd.