LONDONDERRY, N.H. (AP) – High school senior Blake Douglass has a new backer in his fight to be holding a shotgun in his yearbook photograph.

New Hampshire Civil Liberties Union lawyers concluded Wednesday that school officials violated Douglass’ First Amendment rights by barring the photo. The group said it will offer Douglass free legal help.

School officials say the photo can be in the yearbook, but not in the section with seniors’ headshots. The avid sports shooter says that’s unfair because other headshots have included props such as musical instruments.

At a hearing Tuesday, the School Board unanimously upheld the decision not to let Douglass use his photo with the broke-open shotgun as his main yearbook photo.

Claire Ebel, executive director of the civil liberties union, called the denial a “significant First Amendment issue.”

“Whatever reason or discomfort the (school board and administration) have is not sufficient reason to deny (Douglass) his First Amendment right of expression,” she said.

Superintendent Nathan Greenberg disagreed.

“What we have proposed is allowing the picture in the yearbook in the community sports section, which we believe satisfies the intent of what they wanted done,” he said. He said that placement would put the photo in context.

Besides approving the shotgun photo for the community sports section, the administration and yearbook staff have offered Douglass an opportunity to pose with a clay pigeon and shooting trophies for his yearbook headshot.

Penny Dean, Douglass’ lawyer, has said she plans to sue in federal court. Dean says the National Rifle Association has pledged financial support.

Attorney Russell Hilliard says a 1988 U.S. Supreme Court case, Hazelwood School District v. Kuhlmeier, upheld the rights of school officials in a somewhat similar dispute.

“It seems to me that it’s still within the school’s and students’ judgment as to what is appropriate or not. And it’s pretty easy to see the distinction of an instrument and a firearm,” Hilliard said.

The court said students’ rights were not necessarily equal to those of adults in other settings.

Dean has plans to seek a court order delaying the printing of the yearbook.

AP-ES-10-14-04 0842EDT