Maybe not...we will have to keep our eyes out for similar situations.
I believe that it was content, more than anything, as to why the ACLU brushed it aside. As rediculous as it may be, apparently he broke the rules. Fine. The ACLU response was what made me think a bit harder about this though.
What about that girl who painted a picture of her breast and hung it in the school...remember that? Did the ACLU get involved? I honestly don't know. That certainly would fall under their little "time, place" clause.