Today in Depressing Court Decisions

1-liner, All, Cheerleaders, Courts, Legal, Sad. Jason McIntyre May 4th. 2011, 12:00pm

Absurd, Depressing, Court Decision: “A teenage girl who was dropped from her high school’s cheerleading squad after refusing to chant the name of a basketball player who had sexually assaulted her must pay compensation of $45,000 after losing a legal challenge against the decision. The United States Supreme Court on Monday declined to hear a review of the case brought by the woman, who is known only as HS. Lower courts had ruled that she was speaking for the school, rather than for herself, when serving on a cheerleading squad – meaning that she had no right to stay silent when coaches told her to applaud.” [Independent via Posnanski]

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62 Responses to “Today in Depressing Court Decisions”

1
ms621 Says:
May 4th, 2011 at 12:02 PM
Who does she have to pay compensation to? Certainly not the basketball player, right?
2
bonestorm97 Says:
May 4th, 2011 at 12:04 PM
Wow… stunning. So many things I could say… none of them strong enough to express the idiocy of this logic (i’ll leave the legal wrangling to those who know better).
3
Jim Harbaugh Scramble Says:
May 4th, 2011 at 12:04 PM
meaning that she had no right to stay silent when coaches told her to applaud
what? what the hell is going on out there?
4
cleet Says:
May 4th, 2011 at 12:04 PM
had no right to stay silent when coaches told her to applaud.”
The Fuck?
5
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:06 PM
What?????
6
Butters Brickowski Says:
May 4th, 2011 at 12:06 PM
Apparently there’s no “conscientious objector” clause in high school cheerleading
That school can get fucked
7
T-Bone: Bear Pounder Says:
May 4th, 2011 at 12:06 PM
In September last year, a federal appeals court upheld those decisions and announced that HS must also reimburse the school sistrict $45,000, for filing a “frivolous” lawsuit against it.
8
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:07 PM
And why is this not in an American paper?
9
Vincent Vega Says:
May 4th, 2011 at 12:08 PM
I’m sure there is a legal reason for the decision. Common sense, though? That and legality parted ways long ago. This is utterly absurd.
I will say though, she probably should have foreseen the time when she would have to cheer for this player.
10
T-Bone: Bear Pounder Says:
May 4th, 2011 at 12:08 PM
In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team.
Seems a bit weak doesn’t it? More details would be nice.
11
ms621 Says:
May 4th, 2011 at 12:10 PM
I think this cheerleader has character issues.
/Todd McShay.
12
cleet Says:
May 4th, 2011 at 12:11 PM
I will say though, she probably should have foreseen the time when she would have to cheer for this player.
I would say that her coaches should have foreseen her not cheering for this one player in particular that, ya know, assualted her.
13
Wally's World Says:
May 4th, 2011 at 12:11 PM
will say though, she probably should have foreseen the time when she would have to cheer for this player.
I thought of that, which led me to… Why should she be punished for something that happened to her? Instead, the question should be this:
Why is the kid allowed to play high school sports after that? It isn’t a right, it’s a privilege.
14
Butters Brickowski Says:
May 4th, 2011 at 12:12 PM
Rakheem Bolton, future feel-good draft story
15
ms621 Says:
May 4th, 2011 at 12:14 PM
Rakheem Bolton, future feel-good draft story
This reminds me of the O-lineman from Abilene Christian University two or three years ago who entered the draft and word gotten out that he had been convicted of statutory rape of his own sister when they were teenagers. There were one or two stories which tried to paint it in a positive light and then the media just said “fuck it, this is too messed up for us”.
16
scripty Says:
May 4th, 2011 at 12:14 PM
You don’t have to cheer for your rapist. This isn’t Russia. Is this Russia? This isn’t Russia.
17
Jay V Of Considerable Influence Says:
May 4th, 2011 at 12:15 PM
I’m sure there is a legal reason for the decision.
Somewhat…courts have been giving more and more leeway to schools to squash free speech by students.
18
ms621 Says:
May 4th, 2011 at 12:15 PM
word gotten out?
Way to go on the typing today…
19
Vincent Vega Says:
May 4th, 2011 at 12:16 PM
I would say that her coaches should have foreseen her not cheering for this one player in particular that, ya know, assualted her.
There’s a whole lot of issues here. Wally brings up one as well, how the hell was this dick allowed to play on the team at all? Probably because his parents could have sued if he wasn’t allowed, or some crap like that.
I was just meaning that if you are going to be a cheerleader, then you must know that you will have to cheer for the bball team, and that the dude you hate is on that team. How could she stand to even look at that guy every game?
20
reggie_dunlap Says:
May 4th, 2011 at 12:16 PM
She should now file a civil suit against the school and the cheer coaches. Where is Jackie Childs for this young lady?
21
spencer096 Says:
May 4th, 2011 at 12:17 PM
Lower courts had ruled that she was speaking for the school, rather than for herself, when serving on a cheerleading squad – meaning that she had no right to stay silent when coaches told her to applaud.
you waive your right to free speech when you join a cheerleading squad?
22
devang Says:
May 4th, 2011 at 12:17 PM
This is fucking bullshit.
23
devang Says:
May 4th, 2011 at 12:18 PM
She should now file a civil suit against the school and the cheer coaches. Where is Jackie Childs for this young lady?
100% on this one. Get ACLU on line 1.
24
johndewar Says:
May 4th, 2011 at 12:18 PM
Richard Bain, the school superintendent in the sport-obsessed small town, saw things differently. He told HS to leave the gymnasium. Outside, he told her she was required to cheer for Bolton. When the girl said she was unwilling to endorse a man who had sexually assaulted her, she was expelled from the cheerleading squad.
Doesn’t Dick Bain have anything better to do, as a fucking superintendent, than to monitor the cheerleading squad? WTF?
25
Vincent Vega Says:
May 4th, 2011 at 12:18 PM
This reminds me of the O-lineman from Abilene Christian University two or three years ago who entered the draft and word gotten out that he had been convicted of statutory rape of his own sister when they were teenagers. There were one or two stories which tried to paint it in a positive light and then the media just said “fuck it, this is too messed up for us”.
Yeah, that story was very weird. Still surprised no one is giving that dude a shot anyway.
26
rittyrich Says:
May 4th, 2011 at 12:21 PM
Look at it this way. You have no free speech per se as a cheerleader while on the job of acting as a cheerleader. You are in essence the mouthpiece for the school. So by saying something that goes against the act of being a cheerleader, or by not saying something that also goes against the act of being a cheerleader, you submit yourself to being kicked off the team. As such, you can’t bring a lawsuit against the school, for which you are a mouthpiece of, and if you do, you must pay their legal bills. Sound about right?
Blame should fall squarely on the cheerleading coach or superintendent of the school. Not the court.
27
TK Says:
May 4th, 2011 at 12:21 PM
She should now file a civil suit against the school and the cheer coaches. Where is Jackie Childs for this young lady?
That’s what she did. She lost, and now has to pay the school’s costs and attorney fees because it was found that the suit was frivolous.
28
payaso Says:
May 4th, 2011 at 12:21 PM
She should now file a civil suit against the school and the cheer coaches. Where is Jackie Childs for this young lady?
If the girl didn’t cheer, you must adhere*!
*to common sense
29
ms621 Says:
May 4th, 2011 at 12:22 PM
you waive your right to free speech when you join a cheerleading squad?
I had a joke for this where I compared cheer camps to boot camps for Hitler Youth, but I decided it was probably over the line.
30
reggie_dunlap Says:
May 4th, 2011 at 12:23 PM
Great one Clown!
31
cracker jack Says:
May 4th, 2011 at 12:24 PM
Richard Bain, the school superintendent in the sport-obsessed small town,
There it is right there. This is the kind of town where the high school sports stars not only dont have to go to jail for rape, they dont even miss a game, and you WILL cheer for them, goddammit! This whole thing makes me sick.
32
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:26 PM
Figures this would happen in Texas.
33
Jay V Of Considerable Influence Says:
May 4th, 2011 at 12:26 PM
She should now file a civil suit against the school and the cheer coaches. Where is Jackie Childs for this young lady?
Uhhhh…that’s exactly what she did.
34
roarke49 Says:
May 4th, 2011 at 12:27 PM
Blame should fall squarely on the cheerleading coach or superintendent of the school. Not the court.
This. The Freedom of Speech issue becomes more of an abstraction where the outcome seems odd, but the courts have to be wary of precendent (both following existing and setting new). The practical aspect of this that is hard to understand is why the school/cheerleading coaches allowed it to get this far. Was she refusing to cheer in a way that was disruptive or something? I can’t believe that there isn’t more to this, because it seems like a total dick move to kick this girl off the team for merely not cheering for one player.
35
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:28 PM
Speaking of Texas, this happened. Why am I not shocked?
36
ms621 Says:
May 4th, 2011 at 12:28 PM
Figures this would happen in Texas.
Oh eat my ass. This could have happened in any state in the country.
37
cleet Says:
May 4th, 2011 at 12:29 PM
I was just meaning that if you are going to be a cheerleader, then you must know that you will have to cheer for the bball team, and that the dude you hate is on that team. How could she stand to even look at that guy every game?
Why should she stop living her life the way she wants to because some fuckstick violated her personal sexual rights?
38
SouvenirCity Says:
May 4th, 2011 at 12:29 PM
Wow. I have no words for this. Just horrible.
39
spencer096 Says:
May 4th, 2011 at 12:32 PM
I had a joke for this where I compared cheer camps to boot camps for Hitler Youth, but I decided it was probably over the line.
b-l-i-t-z-k-r-e-i-g that’s the way spell blitzkreig!
40
arkbadger Says:
May 4th, 2011 at 12:34 PM
There it is right there. This is the kind of town where the high school sports stars not only dont have to go to jail for rape, they dont even miss a game, and you WILL cheer for them, goddammit! This whole thing makes me sick.
yep, you know the kid was probably a baller.
41
sportsgal116 Says:
May 4th, 2011 at 12:35 PM
I was just meaning that if you are going to be a cheerleader, then you must know that you will have to cheer for the bball team, and that the dude you hate is on that team. How could she stand to even look at that guy every game?
A lot of people couldn’t do it and would probably quit the team or drop out of the school entirely. Kudos to her for saying, “fuck this guy I’m not quitting for him.”
Was this guy aquitted of the sexual assault? If he wasn’t couldn’t there be some way to sue the school for not suspending him? What if she took out a restraining order?
42
Rusty Says:
May 4th, 2011 at 12:36 PM
Wow, this is incredibly awful. I feel really bad for this kid. After doing the time for his “misdeed,” to have this money grubber go after him in court is really bad form.
I’m rooting for this kid.
/heard he reads the bible, too
43
traderjack21 Says:
May 4th, 2011 at 12:39 PM
Someone will definitely will get the money for the girl. I say she and her family will not have to fork over 1 penny of their own money.
44
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:40 PM
Oh eat my ass. This could have happened in any state in the country.
Not sure about that. But anyway, the whole thing is disturbing.
I like Texas, by the way. Well, Austin at least. And San Antonio.
45
ms621 Says:
May 4th, 2011 at 12:42 PM
Not sure about that.
Shall we peruse the history of educational institutions in the great state of Georgia? I’m sure we could find one or two issues from the past which would cause revulsion amongst the residents of other states.
46
Butters Brickowski Says:
May 4th, 2011 at 12:43 PM
Was this guy aquitted of the sexual assault?
I know we joke a lot about nobody reading the links but more often than not there’s important information in them
In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team.
47
geoffreyvs is doing the Tomahawk Chop Says:
May 4th, 2011 at 12:46 PM
Shall we peruse the history of educational institutions in the great state of Georgia? I’m sure we could find one or two issues from the past which would cause revulsion amongst the residents of other states.
Well, anywhere south of the Mason-Dixon Line is up for mention here.
Also, I’m not from Georgia if that’s what you were getting at, though I have familial connections to the state.
48
BFFredo Says:
May 4th, 2011 at 12:47 PM
Disgusting.
Aside: how were they even aware that she wasn’t cheering for her (alleged) rapist? Were they waiting for her to stand still when his name got called out?
49
sportsgal116 Says:
May 4th, 2011 at 12:48 PM
I know we joke a lot about nobody reading the links but more often than not there’s important information in them
yeah I read it after I posted that comment. I was multi-tasking and didn’t have time to read the article until later.
50
tyduffy Says:
May 4th, 2011 at 12:49 PM
Hoping Gloria Allred can take some time out of her busy bat stroking schedule.
51
sousedbergin Says:
May 4th, 2011 at 12:54 PM
Can’t help but think teenagers need a special lobby or bill of right’s at least in regards to schooling, something, as they are the most consistently shit on demographic.
Imagine if an NFL cheerleader was assaulted by a player, there would be compensation. This took victim blaming to new lows with the USA court ruling victim STFU.
52
BeerMan Says:
May 4th, 2011 at 12:55 PM
So she and her family sued the school (district) for kicking her off the cheerleading team. Was this William McKinley high school where they win national championships every year so not being on the team is potentially detrimental to your abililty to get scholarships to school for cheerleading?
I would hope the family’s lawyer told them that one of the risks of filing the lawsuit is having to pay the defendent’s legal fees so that they could ask themselves, “Is being on the squad potentially worth 5 figures in legal fees for the other side?”
/devil’s advocate
53
starkweather Says:
May 4th, 2011 at 12:56 PM
Imagine if an NFL cheerleader was assaulted by a player, there would be compensation.
Why bring the Steelers into this?
54
Gaseous Clay Says:
May 4th, 2011 at 1:00 PM
Hoping Gloria Allred can take some time out of her busy bat stroking schedule.
that was very funny on Norm Macdonald’s show.
55
starkweather Says:
May 4th, 2011 at 1:01 PM
I thought that was a pretty good episode last night. He even put a Peyton Manning gay joke in there. I’d never seen one of those on TV before
56
cracker jack Says:
May 4th, 2011 at 1:02 PM
Imagine if an NFL cheerleader was assaulted by a player, there would be compensation.
Why bring the Steelers into this?
I was thinking Jets
57
starkweather Says:
May 4th, 2011 at 1:04 PM
I was thinking Jets
Oh, yeah, I forgot about them. I just hear “NFL” and “assaulted” in a sentence and my mind jumps to “Roethlisberger”
58
Gaseous Clay Says:
May 4th, 2011 at 1:07 PM
I thought that was a pretty good episode last night. He even put a Peyton Manning gay joke in there. I’d never seen one of those on TV before
yeah, I never groaned, which is a good sign. I also laughed more than once. I’d say his show is really pretty good, but I”ll bet he’s having trouble finding an audience just the same, with reruns as a leadin.
59
CelticLaw Says:
May 4th, 2011 at 1:12 PM
That story makes me ashamed to be a lawyer. Not enough to quit…but still.
60
starkweather Says:
May 4th, 2011 at 1:12 PM
But they do block him together with Daily Show and Colbert, so that probably helps a little. I haven’t looked at any ratings #s for it but it seems like the show doesn’t have enough of a rythm to it. I like it but I’m as directly targeted an audience member as you could have for that show
61
ms621 Says:
May 4th, 2011 at 2:24 PM
Well, anywhere south of the Mason-Dixon Line is up for mention here.
Also, I’m not from Georgia if that’s what you were getting at, though I have familial connections to the state.
Virtually any state would be up for mention if you were look for reprehensible acts. So your little “can’t say I’m shocked this happened in Texas” jibe is bit unnecessary and disingenuous.
62
michaele11111 Says:
May 4th, 2011 at 5:04 PM
Was the guy convicted of sexual assault or did the pom pom girl just claim he did it?

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Today in Depressing Court Decisions

62 Responses to “Today in Depressing Court Decisions”

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