"Earlier this week, the Supreme Court declined to review the case of a recent Texas high school student who was kicked off her school’s cheerleading squad after she refused to chant the name of a basketball player who had allegedly raped her. The Fifth Circuit Court of Appeals, one of the most conservative courts in the country, ruled last November that the victim — who is known only as H.S. — had no right to refuse to applaud her attacker because as a cheerleader in uniform, she was an agent of the school. To add insult to injury, the Fifth Circuit dismissed her case as frivolous and sanctioned the girl, forcing her family to pay the school district’s $45,000 legal fees."
By the way, I'm not suggesting she should have won the case. Legally, she has no case at all. The school administrators were heartless assholes, but they were within their legal rights. Nobody has the legal right to be a cheerleader, and the court system doesn't exist to make us be nice to one another. You can't sue someone for being an asshole. If you could, Donald Trump would not be rich.
The athlete was indicted by a grand jury on felony sexual assault of a minor, but pleaded guilty to a lesser charge of misdemeanor assault. He was sentenced to a one-year prison term (suspended), two years probation, community service and a $2,500 fine. The ABC news story gives details of the actual crime, which was brutal. Here is the local news story about his plea bargain.
(Three boys/men were involved. It's not clear to me whether he actually had forced sex with the woman or was holding her down while somebody else did. I'm not sure that matters legally.)
Monday, May 09, 2011
Supreme Court refuses to hear Texas cheerleader who was dismissed for refusing to cheer "put it in" for her alleged rapist.
Supreme Court refuses to hear Texas cheerleader who was dismissed for refusing to cheer "put it in" for her alleged rapist
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They didn't "deny justice." The girl's lawyer was a damn fool, and tried to argue that a cheerleader has the right to exercise freedom of speech at a basketball game. They don't. They're representing the school. That's the end of it.
ReplyDeleteIn regards to the "insult to injury" thing, she got greedy. She had nothing to gain from suing except money and self-righteousness. School boards are strapped enough without paying for frivolous (which this was) lawsuits.
I think you'd have to work some to convince people that a cheerleader should be dismissed from the squad for refusing to cheer for the kid who raped her, irrespective of what is legally right or wrong!
ReplyDeleteYou're right, though, in that she did get greedy. In terms of monetary compensation, she had no case at all. She wasn't entitled to any money. For what? The courts were not the right venue to redress the wrong. A quick call to the local TV stations would have gotten her re-instated to the squad and/or would have make the principal a laughingstock. And THAT would have been proper justice.