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Fricke, represented by John Ward of Gay & Lesbian Advocates & Defenders, filed suit in the United States District Court for the District of Rhode Island, seeking a preliminary injunction that would allow him to attend the dance. With the respect to equal protection arguments, the court noted that "the school [had] afforded disparate treatment to a certain class of students" by setting up different policies for those who wished to bring same-sex partners to the dance and those who wanted to bring different-sex partners.The Court, accepting Fricke's freedom of speech claim, decided that "even a legitimate interest in school discipline does not outweigh a student's right to peacefully express his views in an appropriate time, place, and manner." The Court wrote that threats of physical violence against Fricke and his date gave homophobic students an unconstitutional "heckler's veto" that would allow "them to decide through prohibited and violent methods what speech will be heard." The judge ruled that the precedent of United States v. Such a policy, the Court said, could be "profitably analyzed under the Equal Protection Clause of the Fourteenth Amendment." On May 31, 1980, the press reports said that "Amid heavy security, homosexual student Aaron Fricke showed up at the senior prom with a male companion.There are many singles in Rhode Island looking for someone to meet too. Internet dating is a fabulous way to meet someone special. 381 (1980), was a decision in the United States District Court for the District of Rhode Island that upheld the right of a gay student to bring a same-sex date to a high school dance.The principal, Richard Lynch, "denied the request, fearing that student reaction could lead to a disruption at the dance and possibly to physical harm to Guilbert." Guilbert and Miskevich did not attend the prom. O'Brien required that the government and its agents pursue the "least restrictive alternative" before making any decision to limit free speech.

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