Cheerleader must compensate school that told her to clap 'rapist'

[theNater]

It's not a right to be a cheerleader, but free speech is. If she had agreed to give up on free speech, this would be the right outcome of the case. If you want to waive from your rights you need to sign a contract where it states that you agree to give up on it where every minor detail of it is worded in the contract. If you are punished for using your rights when you haven't waived them that is illegal. Do you think she was told that she wasn't allowed to use her right to free speech when she joined? Do you think she got a legally binding contract? If you say no and still think she deserved to be kicked off, then you have proven to me that you really don't know the law. Taking away rights without informing about it isn't right. If you are a cop and search someone's car without a warrant or probable cause and find drugs that can't be used as evidence because the search was illegal. That means that rights actually is worth more than state law and federal law. If you can get away with dealing drugs because of your rights, do you really think someone who was not informed that she didn't have freedom of speech should be punished?

Also you are constantly getting me wrong. Being white isn't a responsibility for a cheer squad, kicking someone off it for being black is illegal. It's everyone's right to be treated as equal, but if rights are disregarded that easily how long do you think it takes before other rights are disregarded? America is far from the country of Freedom. It's the modern Rome, and closing in on being Nazi Germany. Is this what you want to reach? Honestly, I don't care about the girl. What I care about is the blatant disregard for human rights, and isn't that something to worry about?

I don't know whether rights must be waived in writing, and I don't know whether the girl signed a contract or not. But the judges who heard her case would know both of those things, and all three of them agreed that she had waived her rights. Before I second-guess the judges, who are experts in matters of law, I'm going to need to be clearly shown the law that says rights must be waived in writing and an article or legal document that says she didn't sign a contract when she joined the squad.

Her rights were only violated if they were not waived. If she waived them, this case does not demonstrate a disregard for human rights.

 

[Yopaz]

I don't know whether rights must be waived in writing, and I don't know whether the girl signed a contract or not. But the judges who heard her case would know both of those things, and all three of them agreed that she had waived her rights. Before I second-guess the judges, who are experts in matters of law, I'm going to need to be clearly shown the law that says rights must be waived in writing and an article or legal document that says she didn't sign a contract when she joined the squad.

Her rights were only violated if they were not waived. If she waived them, this case does not demonstrate a disregard for human rights.

Her rights were not waived, because there is no circumstances where they would demand her to do so. She would have to be informed of it however, she doesn't have to sign with her name, but she has to hear every part of her rights before she agrees to it. So this is clearly a breach on her rights, but let's drop this topic. We aren't discussing the same thing. You don't look at the big picture, while I look only at the big picture, I also look at it with a fair deal of cynicism and skepticism. If I were to be on the defense of this case I would probably have sided with the school for various reasons. This case on its own is not something I consider important. I consider the fact that they punished her for using her rights. I think of the problems surrounding taking away rights and how it might evolve. I am at fault here, I will admit that. I will however keep on saying that she should not have been kicked off the team, the fact that she lost the trials and has to pay back isn't any of my concern. That's also how the law works, if you sue and fail, you pay. It should however not have lead to a lawsuit at all.
I think we should agree that we both have valid points and drop this debate.

 

[Hatter]

"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."---

What the Fuck???
Now, I'm no guru on the constitution, but since when is it legal to sign away your human rights? Hell did she even sign a contract?

Reminds me of something I heard of a couple years back. I father and mother had their daughter sign a contract which allowed the father to rape her until she produced them a child. When the daughter told her friend about it word got to the police and the parents were arrested. When being arrested the dad said something like "Did you not see the contract?".

I believe at least two people deserve some severe vigilante justice in this situation.

 

[thecoreyhlltt]

things like this, well not as sever as this, but it was because of how schools blatantly disregard your rights just because you're underaged and on school property. but that's why i was always butting heads with teachers and administrators, it's complete and utter bullshit.

 

[darkcommanderq]

I think your missing the point. I think SHE sued the school when she was dropped from the team and lost the lawsuit.

She should not have sued them in the first place over something like that.

THAT SAID, I dont think she should have been dropped from the team to begin with.

 

[JMeganSnow]

Regarding moving schools, the town's on the map and maps.google.com can show you just how large it is. Changing high school would mean changing town. That's expensive and probably means changing jobs for anyone in the family who has a job, and jobs are hard to get and have been ahrd to get since before 2008, so it's a lot to ask of either family ... assuming this creature has a family.

More expensive than taking the school system to court multiple times and having your cases repeatedly thrown out because you don't have a valid legal reason to sue under the law? More expensive than a $45k judgment against you for frivolous lawsuits?

I'm not arguing she's a bad person, I'm just saying that there's just not enough information here to form a useful opinion. The facts are shoddy. Her behavior is highly suspect. Calling her a victim and falling all over yourself (not that you're doing this, Shoqiyqa--about half the people in this thread seem to exercise a reasonable level of skepticism) to drool in sympathy over her is just another display of blind foolishness.

 

[Adam28]

After reading it in more detail, it makes sense that she was sued... but I still think that it is ridiculous how she was kicked off just for not clapping for someone who admitted to assaulting her... any reasonable person would of understood why she didn't want to clap, this clearly shows the school takes sport way too seriously.

 

[Th37thTrump3t]

Generally speaking I hate it when people sue government institutions because they're not punishing those institutions, they're punishing the tax payers. Feel the same way about the lesbian that sued her school over prom. Cause ya know, fuck you, I don't wanna pay out of pocket because some jackass wronged you. The only exception to this is when they turn around and donate the money to charity, proving that it was only principal not for an easy payday.

Beyond that any attempt to have a problem with her not cheering feels misogynist to me, so I shan't.

You're right. What people should do is sue the people running said institution.

 

[Snooder]

It's not a right to be a cheerleader, but free speech is. If she had agreed to give up on free speech, this would be the right outcome of the case. If you want to waive from your rights you need to sign a contract where it states that you agree to give up on it where every minor detail of it is worded in the contract. If you are punished for using your rights when you haven't waived them that is illegal. Do you think she was told that she wasn't allowed to use her right to free speech when she joined? Do you think she got a legally binding contract? If you say no and still think she deserved to be kicked off, then you have proven to me that you really don't know the law. Taking away rights without informing about it isn't right. If you are a cop and search someone's car without a warrant or probable cause and find drugs that can't be used as evidence because the search was illegal. That means that rights actually is worth more than state law and federal law. If you can get away with dealing drugs because of your rights, do you really think someone who was not informed that she didn't have freedom of speech should be punished?

The point, and one that I think is made clearer when divorced of the thorny and difficult issue of rape, is that giving up your right to free speech is implicit in volunteering to speak for someone else.

Let's use an analogy to make it more clear. Let's say the Oscar committee gets Woody Allen to host the Oscars. During the ceremony, Mel Gibson wins an Oscar. Woody Allen refuses to hand over the statuette or read out the winner. The Oscar committee replaces Allen. Allen then sues the Oscars, claiming that he had a free speech right. The court tells him that he does not have said right and he has no case. He then sues again. Again, he's told that no such right exists and he has no case. He appeals and goes to a third court. This time, instead of just telling him that he lost and had no case, the court makes him pay the extensive court costs that the Oscar committee has from having to deal with this nonsense suit.

It's even worse in this situation because she's actually suing a public entity. That $45,000 means that some elementary school has to fire a teacher. That the debate team won't get to go regionals this year. That the high school isn't going to get a new computer lab.

 

[Bloodysoldier]

it is texas. fuck texas. basically fuck the south i've seen racist/sexist behavior out of most of the self procliamed southerners i've seen. i'm sure there are perfectly reasonable southerners but i haven't read up on their cases.

You sir or madam are a hypocrite and a bigot, I take offense to your post you 'racist bastard'.

Do people not go to school? Can no one read and comprehend. Please read the article a few dozen times till it sinks in your thick skulls.

As an American I am sorry for most of us being irrational morons and humbly apologize to the world for people like that.

 

[xXDeMoNiCXx]

I'm starting to think we should just plain kill off everyone in the court of Texas because honestly this is a new level of stupidity, even for them.

 

[Yopaz]

The point, and one that I think is made clearer when divorced of the thorny and difficult issue of rape, is that giving up your right to free speech is implicit in volunteering to speak for someone else.

Let's use an analogy to make it more clear. Let's say the Oscar committee gets Woody Allen to host the Oscars. During the ceremony, Mel Gibson wins an Oscar. Woody Allen refuses to hand over the statuette or read out the winner. The Oscar committee replaces Allen. Allen then sues the Oscars, claiming that he had a free speech right. The court tells him that he does not have said right and he has no case. He then sues again. Again, he's told that no such right exists and he has no case. He appeals and goes to a third court. This time, instead of just telling him that he lost and had no case, the court makes him pay the extensive court costs that the Oscar committee has from having to deal with this nonsense suit.

It's even worse in this situation because she's actually suing a public entity. That $45,000 means that some elementary school has to fire a teacher. That the debate team won't get to go regionals this year. That the high school isn't going to get a new computer lab.

What you mention is completely different because being a host on the Oscars means you've actually accepted a job, signed a legally binding contract. She never signed a legally binding contract so that can in no way be compared to this. Another thing is that the Oscars is more private and in the private sector they can make you give up on certain rights if that's one of the terms in the contract. As I have stated in most of my posts however. Public schools have to follow the state law and the constitution since they have not made any of their students sign a legally binding contract. Your addition to this debate is so flawed it can't be used for this case that I wont even continue my explanation why she should not have been punished.
As a comment to your last part though. The school had to pay 45000 in legal fees, since she lsot she has to pay them, and that's how the legal system works. I don't complain about that. I think that she should never have been kicked off in the first place, she should not have had to sue. However, is it worse that a public school has to pay 45000 or that a girl who lost her chance to get a real education because of this incident has to?

 

[theNater]

Her rights were not waived, because there is no circumstances where they would demand her to do so. She would have to be informed of it however, she doesn't have to sign with her name, but she has to hear every part of her rights before she agrees to it. So this is clearly a breach on her rights, but let's drop this topic. We aren't discussing the same thing. You don't look at the big picture, while I look only at the big picture, I also look at it with a fair deal of cynicism and skepticism. If I were to be on the defense of this case I would probably have sided with the school for various reasons. This case on its own is not something I consider important. I consider the fact that they punished her for using her rights. I think of the problems surrounding taking away rights and how it might evolve. I am at fault here, I will admit that. I will however keep on saying that she should not have been kicked off the team, the fact that she lost the trials and has to pay back isn't any of my concern. That's also how the law works, if you sue and fail, you pay. It should however not have lead to a lawsuit at all.
I think we should agree that we both have valid points and drop this debate.

I need to ask you this: do teachers of 6 year old children have the authority to punish their students for yelling during class?

 

[theNater]

However, is it worse that a public school has to pay 45000 or that a girl who lost her chance to get a real education because of this incident has to?

How did she lose her chance to get a real education? Getting kicked off the cheer squad is not the same as getting expelled from school.

 

[Katnap_Devikat]

WTF that is all.

In seriousness aren't they the only state to execute retards and all that such?

and my Yank friend here is shaking his head wondering what he did to be painted along with the rest of his itelligent brethen as this stupid.

 

[tzimize]

The fee is due to them losing a legal challenge against the school. As the winners, the school wants to be reimbursed for what they see as wasting their time. The morality of the rape doesn't even come into it. That said, the negative publicity they could receive will probably be an even worse headache.

It would have been so simple if they had simply let her stay silent for the few scant seconds the team was cheering mr. rapist, then gotten on with the rest of their business. People need to learn how to manage these situations better.

Justice isn't just, fair, or righteous, it's a set of rules we're all meant to abide by to make sure our houses don't all burn down. Manipulate it as you will, that's the federally-given right of every citizen in this country.

Good post. Also, extremely depressing. Like truth. Sigh.

 

[Tanis]

A Message From America To The World About Texas:
We're sorry.

 

[S3Cs4uN 8]

http://www.independent.co.uk/news/world/americas/cheerleader-must-compensate-school-that-told-her-to-clap-rapist-2278522.html

A teenage girl who was dropped from her high school's cheer leading squad after refusing to chant the name of a basketball player who had sexually assaulted her must pay compensation of $45,000 (£27,300) after losing a legal challenge against the decision.

Normally stuff like this makes me rage so hard I am unable to type,this time I am sort of in a transcended state of pure rage so I am able to coherently type.It happened in the US in Texas btw.

So,what are the Escapists feelings on this,I consider myself level headed and understand crazy shit happens in this world,but if I had a daughter who got raped and I had to pay the rapists legal fees,I think I would instead use that money to buy guns and ammo and go postal on the judge and rapist.This is if I was 100% certain my daughter got raped.

Time to unleash WAAAGH! on this place