The board's unanimous decision instructed Great Falls High senior Kenny Volk to transfer to C.M. Russell High School. Volk told the Great Falls Tribune on Monday that he would file an injunction in state court challenging the decision.

Just days before Monday's board meeting, Montana District Judge Julie Macek issued a restraining order on March 8 preventing the school from enforcing the punishment. In February, Volk posted a section titled "10 hottest freshman girls," with photographs and short biographies, on his Web site. He took the pictures at school with a disposable camera.

Principal Gary Davis, who had previously asked Volk not to post the photos, suspended the student on Feb. 20 for "insubordination" and instructed him to transfer to another high school, Volk told the Great Falls Tribune. Superintendent Bryan Dunn and Davis have since stressed earlier disciplinary problems as the reason for the punishment.

"This is not simply about a student posting something on a Web site," Dunn told the Tribune.

Macek's ruling last week followed seven hours of testimony that lasted for three days. In it, she wrote, "The testimony was clear that [Volk] was not in any danger of being suspended or otherwise disciplined after Jan. 9, 2002, for the actual taking of the photographs. It was only when Mr. Volk engaged in First Amendment activity that he was disciplined by the school."