Was it unconstitutional for a teacher to describe creationism as "superstitious nonsense"? In 2009, a federal district court ruled that it was, in C. F. et al. v. Capistrano Unified School District et al. But the United States Court of Appeals for the Ninth Circuit, in a decision (PDF) issued on August 19, 2011, overturned the district court's decision "to the extent it decided the constitutionality of any of Corbett's statements" while upholding its grant of qualified immunity to James Corbett, the teacher in question.
Source: http://ncse.com/news/2011/08/vindication-corbett-006835