So, did some hunting. Found the actual document from the Court of Appeals. A few choice quotes:Yopaz said:Well, think of the logics here. Do you get a sport scholarship without attending any sports? No, That answer stays the same no matter what.
She was warned about her actions beforehand, but not before she joined which means she was forced to do this after she had joined, she had not been given informations about how this was against the rules before that, because that's not something they foresee. She did not agree to terms about waiving her rights, that's the end of this,. If you don't know the law, please just stop this, I am sick of this pointless debate.
The basketball player was found not guilty? Did you miss the part where he confessed to it? Did you miss the part where he received 2 years probation and mandatory anger management? He was found not guilty of rape or sexual assault. He was however found guilty of assault. Also she didn't chat that he was a dick, a rapist or a violent person. She simply wanted to ignore him. However this case has dragged him out for the media again portrayed as sexual predator to those who don't read the article.
Final information to you. If someone warns you about that you don't have rights 5 minutes before they punish you for using your rights, then you are somewhere who never had the rights at all.
Please, stop this pointless discussion I have already admit that the reason we disagree is that we see this case from different angles. You see the case for what it is. I see the case for what it could be.
One last thing, you are clearly not learning anything about the law if you haven't learned the terms for waiving someone's rights by now. Hint: She never did.
She had a legally recognized cheerleading contract, which made clear that she could be removed from the squad for not cheering.Moreover, according to the terms of H.S.'s cheerleading contract, her failure to cheer constituted valid grounds for her removal from the cheer squad.
As a student, she does not have full scale freedom of speech at the school and at school events. If you want to argue that she should have it, that could be an interesting discussion, but legally, she doesn't.Even assuming arguendo that H.S.'s speech was sufficiently particularized to warrant First Amendment protection, student speech is not protected when that speech would "substantially interfere with the work of the school."
The full document is available online at http://www.ca5.uscourts.gov/opinions/unpub/09/09-41075.0.wpd.pdf