The risk a plaintiff with a cause takes in a case like this is that the judgment will not only lose them this case, but set a precedent that f’s up the cause in general. This is from the post..

The San Francisco-based appeals court said the teacher was entitled to immunity because it was not clearly established in the law that a teacher’s expression of hostility to certain religious beliefs in a public school classroom would violate the First Amendment’s establishment clause.

And that pretty much says that teachers now have a free license to express hostility to certain religious beliefs in public school classrooms. Before this case, they might have refrained from that, seeing as the legal question was still out there hanging.