The lawsuit filed by the ACLU on behalf of the student who did not stand during the pledge is not "frivolous." What is frivolous is being kicked out of his math class because he did not want to pledge allegiance to the United States.
A school's purpose is to teach academic subjects, not to continue traditions, foment patriotism or instill discipline. An educator's primary duty while acting in that capacity is ensuring that his or her students obtain the best education possible. Forcibly removing a student from class for any reason other than being a disturbance to the learning of other students or a concern for the safety and well-being of someone is unjustifiable.
People like Boyd, who care more for their pet tradition than for students' rights and who believe it is appropriate for students refusing to forfeit those rights be excluded from the classroom and denied their education, have no business being in charge of educational institutions.