Friday, May 6, 2011

Who Wants to Get Really Upset? If So, Keep Reading...

If you raised your hand and want to get upset. I give you the headline of the year -
"Cheerleader Has To Pay $45,000 To The School That Kicked Her Off The Squad For Refusing To Cheer For Her Rapist".
The Supreme Court this week refused to hear the case of a teenage girl who was kicked off her cheerleading team after refusing to cheer for the boy who sexually assaulted her.

As a result, she now owes the school $45,000 in legal fees.

The girl, known only as MS, accused a fellow student of raping her at a party. He plead guilty to a misdemeanor charge to avoid jail time and was allowed to return to school and the basketball team.

She continued to cheer for the team during games, but refused to shout the boy's name or clap for him when he shot free throws. When the superintendent discovered what she was doing, she was kicked off the team.

She sued the Texas school, arguing that her free speech rights had been violated, but two courts ruled that as a cheerleader she speaks for the school, not herself, and did not have the right to refuse.

A federal appeals court upheld the ruling and ordered her to pay court costs for filing a "frivolous" lawsuit.
Additional details here and here.
No comment needed...


George @ Convert Journal said...

A horrible, unjust situation.

IANAL (I am not a lawyer), but now that she has suffered damages due to this, perhaps she should be suing the boy.

$45,000 + pain and suffering + her legal fees.

Anthony S. Layne said...

The horrible thing is, the ruling does make sense ... but what was the school thinking in putting the kid back on the squad? And why didn't the cheerleading coach or the principal try to work out some kind of common-sense compromise before it got even so far as a Texas courtroom? Because the appeals court is right: the cheerleader cheers for the school and isn't free to make editorial comments against the players in that role. And yet the school's response is so lacking in basic human sympathy I'm left aghast.

Gert said...

That is nuts.