Consider a hypothetical case of an intercollegiate basketball player who turns her back to the flag during the pregame playing of the national anthem...

Consider a hypothetical case of an intercollegiate basketball player who turns her back to the flag during the pregame playing of the national anthem of a nationally televised game in order to protest U.S. involvement in a current war. Would a court be more likely to decide that the First Amendment protected this student than [for instance] another student who was suspended by her school for not removing/covering up a tattoo of a cross that administrators said violated a rule forbidding the display of gang symbols? Why or why not?