CHICAGO • An appeals court has upheld the rights of suburban Chicago students to wear T-shirts with the words "Be Happy, Not Gay."

The 7th U.S. Circuit Court of Appeals' ruling Tuesday involves a dispute at Neuqua Valley High School. A teen sued in 2006 after school officials blacked out the words "Not Gay" on her T-shirt. The incident happened the day after a "Day of Silence," which was held to draw attention to the harassment of gay students.

The court says a school that "permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality."

The decision says the school was wrong unless it could prove the shirt would cause a "substantial disruption."

The president of the district's board declined to comment on the ruling.

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