A cheerleader who was raped by one of the players on the basketball team refuses to cheer for him and she now has to pay the school $45,000? Lets explore this a little more.
According to several news agencies and networks HS, as she is referred to in court documents, was kicked off the cheer squad at Silsbee High School, in south-east Texas for refusing to cheer for Rakheem Bolton. Bolton, the piece of trash scumbag who raped her, got the charges reduced and a slap on the wrist and was able to rejoin the basketball team. HS, refused to cheer for the s.o.b when he was up for a free throw attempt. She was then kicked off of the cheer team. HS and her parents filed suit, and lost the first case and an appeal.
Now here's what I really don't understand. The appeals judges ruled that the girl waved her Constitutional right to free speech by volunteering for the cheer team & fined HS and her parents $45,000 dollars for filing what the judge called a "frivolous" law suit. How is this a frivolous law suit? How did she wave her Constitutional right by joining a cheer team? This sounds like a case for the highest court in the land right?
Well, HS and her parents took their case to the Supreme Court. This past Monday The Court refused to hear the case and kicked it out WITHOUT comment. Now, I'm no law scholar, but It seems to me this is exactly the kind of case The Supreme Court should be taking. It is the job of The S.C. to rule on matters on the Constitution, and they didn't do their damn job! This girl is now being assaulted for a second time, and its by our so-called justice system.
How is this JUSTICE? Can someone please tell me, because I don't see it. How the hell could Silsbee High School try to force a girl to cheer for the low life piece of crap that raped her and then punish her for not doing so?
This is another case of a school protecting a jock at the expense of a meeker party. I know first hand how schools favor jocks over the other students, but this is fucking unbelievable! No, on second thought it is believable, wanna know how? THIS HAPPENED IN TEXAS, that's how. Hell, damn near everyone in this country knows how obsessed Texas is with their sports. For crying out loud, they even made a movie about it. But, this is WAY out of line.
You know what I'm going to do? I'm going to get on the phone and I'm going to call Silsbee Schools superintendent Richard Bain at his office, (409) 980-7800. I'm going to do it right now. Hang on.
Damn it! Sent to and left Voice Mail. But, don't worry my dear readers, I will get an answer from this school district.
UPDATE:
I've been reading the Fifth Circuit Courts ruling and It is not sitting well with me in the least. I'm going to try to get an appointment with a Constitutional Law Prof. tomorrow. I promise to keep you all updated as more information becomes available.
Sickening. I hope they take it to the SCOTUS, because even their conservative lean wouldn't stand for that.
ReplyDeleteDuck, they did take it to The Supreme Court. The Court refused to hear the case without comment.
ReplyDeleteWell, I have to say that it is the FEDERAL court system's job to hear cases re: Constitutional law; however, the Supreme Court can't hear every case. When they agree with a lower court ruling they may deny review. There are various other reasons they refuse review, such as a case not being ripe for adjudication, etc. I don't like that they didn't issue a statement with the denial. That's odd. This does facially seem like a case they should hear.
ReplyDeleteI have read what the media reports the lower court gave as reasoning. However, I haven't read the case yet. I'll look it up when I'm done with finals and read it for myself. Then, I'll be able to give you my opinion as a legal scholar. :)
For now, I can give you my gut instinct (which isn't always the best ruling for a court). First, I agree with the argument that in some circumstances we voluntarily give up our rights to free speech. I also understand that there is a lot of case law out there that maintains that students do not have an unrestricted right to free speech (like when the kids held up a sign that said "Bong hits for Jesus"). HOWEVER, I have actually defended that sign in Constitutional Law class. I DO think students should have nearly unrestricted free speech. I understand that schools need to be able to maintain order, but some things--like the case you discussed in your blog--have nothing to do with maintaining order and furthering the educational interests of a school This does seem to simply further the athletic/power interests of the school.
I really agree with you on this one. Except not about Texas. :P Don't stereotype.