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

[Bobbity]

/edit
Okay, having now read the article, I see things somewhat differently. Just saying, but the OP manipulated the title a tad.

She began the court case, after she was rightfully kicked off the cheer squad. The fact that she was assaulted by that kid should have had nothing to do with her cheer leading, and it was reasonable to take her off the squad. However, the amount of compensation that she must pay is ridiculous, and, taking a step back, the whole case is somewhat dubious. Each of the steps detailed in the article seem logical, and there only unreasonable part is the amount of compensation that must be paid, and that it must be, in truth, paid to the man who raped her.

The whole case is somewhat dubious, in my opinion.

One more thing though: was this girl raped, or convinced to have sex while drunk, only to regret it later? Because that would make a huge difference here.

 

[manythings]

I would not pay. I would Gandhi that shit.

You would hate black people? HEYO!

OT: If it's known that he sexually assaulted someone shouldn't he be in a prison? Maybe I have far less of a grasp on the legal system but I'm pretty sure being a rapist invariably leads to prison when you're known for it.

 

[Sikratua]

Tinker v. Des Moines Iowa Board of Education (1969)

Basically, a students First Amendment rights do NOT end at the schoolhouse door, provided that expressing oneself does not infringe on another person's ability to express their own First Ammendment rights. The school, by federal precident, was in the wrong. This lawsuit was not frivilous.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html

Yeah. I think my work is done here.

Not really. Apples and oranges here. She exercised her free speech by refusing to take part in the core activity of the thing she was wearing that uniform to do. The school took a logical action in response. No one's rights were violated.

Really now. If it was as simple as a federal precedent do you think it would have gone all the way to the Supreme Court and then turned down as frivolous?

Her case has not been heard by the Supreme Court. It was turned away by an appealate court. Second, at no point did she try to stop anyone else from cheering for that guy. She did nothing that infringed on anyone else's rights, in any way. In fact, as with the students in Tinker, her protest was "quiet and passive." That's a quote from the ruling of Tinker, which is also directly on point in this case. So, yeah.... Apples and Oranges arguement defeated. Good chat, though.

 

[Newtonyd]

Tinker v. Des Moines Iowa Board of Education (1969)

Basically, a students First Amendment rights do NOT end at the schoolhouse door, provided that expressing oneself does not infringe on another person's ability to express their own First Ammendment rights. The school, by federal precident, was in the wrong. This lawsuit was not frivilous.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html

Yeah. I think my work is done here.

Not really. Apples and oranges here. She exercised her free speech by refusing to take part in the core activity of the thing she was wearing that uniform to do. The school took a logical action in response. No one's rights were violated.

Really now. If it was as simple as a federal precedent do you think it would have gone all the way to the Supreme Court and then turned down as frivolous?

Also, in the case the students were suspended from school. This is very different from simply removing someone from an after-school activity.

Christ, is it 5 AM? Time for sleep, but I hope people understand the importance of quelling gut reactions when it comes to complicated cases like this. I've studied criminal law for a while and what I've discovered is that while our justice system may seem callous or unreasonable, it is seldom unjust.

Her case has not been heard by the Supreme Court. It was turned away by an appealate court. Second, at no point did she try to stop anyone else from cheering for that guy. She did nothing that infringed on anyone else's rights, in any way. In fact, as with the students in Tinker, her protest was "quiet and passive." That's a quote from the ruling of Tinker, which is also directly on point in this case. So, yeah.... Apples and Oranges arguement defeated. Good chat, though.

Ughh, one more response before precious sleep.

It is very much Apples to Oranges. Look at it this way.

Case A: Suspended from school for wearing armbands.

Case B: Removed from cheerleaders, a voluntary group, for not acting as a cheerleader.

Totally different things.

 

[the jellyman]

A victory for Texan rapists everywhere. Someone should probably check the backgrounds of the Judge and jury on that case. Maybe their basements, and any hidden chambers beneath their houses.

Just sayin.

 

[Scars Unseen]

Tinker v. Des Moines Iowa Board of Education (1969)

Basically, a students First Amendment rights do NOT end at the schoolhouse door, provided that expressing oneself does not infringe on another person's ability to express their own First Ammendment rights. The school, by federal precident, was in the wrong. This lawsuit was not frivilous.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html

Yeah. I think my work is done here.

Not really. Apples and oranges here. She exercised her free speech by refusing to take part in the core activity of the thing she was wearing that uniform to do. The school took a logical action in response. No one's rights were violated.

Really now. If it was as simple as a federal precedent do you think it would have gone all the way to the Supreme Court and then turned down as frivolous?

Her case has not been heard by the Supreme Court. It was turned away by an appealate court. Second, at no point did she try to stop anyone else from cheering for that guy. She did nothing that infringed on anyone else's rights, in any way. In fact, as with the students in Tinker, her protest was "quiet and passive." That's a quote from the ruling of Tinker, which is also directly on point in this case. So, yeah.... Apples and Oranges arguement defeated. Good chat, though.

No.

The kids in your example passively did something that had no effect on their schooling or any other school sponsored activity that they were involved in. They were suspended from school for this. This girl refused to participate in the activity that she specifically signed up to participate in, thus disrupting a school sponsored activity. The only action the school took was to remove her from the activity that she had chosen not to participate in anyway.

Apples and oranges stand.

 

[Nanaki316]

As a victim myself I feel terribly sorry for this girl and as many of you have already stated in such wonderful colourful language, he's a twat, the school is a twat. Humanity is fucking stupid.
I would rather slit my own throat than pay money to my rapist or the school on their principles.

 

[mrwoo6]

Rape = death penalty.

Problem solved.​

Oh hey there! I'm a girl who's saying you raped me. becase you played a bit rough with me last night.

Oh lol your going to get killed even though i was lying and i agreed to it.

JUSTICE FOR ALL. AMIRITE?

 

[Puzzlenaut]

Getting kicked from the squad is stupid, but understandable. Getting fined $45,000 dollars when she wasn't even the one to take this shit to court, but rather the one taken to court by the district is a level of bullshit I can not fathom.

EDIT:

I read over the article again to make sure I didn't get the situation backwards. I got the situation backwards.

Did she really need to take this to court? Was being a cheerleader that important?

She got kicked off the cheerleader team for not celebrating a man who raped her.

Damn right she has a right to be pissed off.

 

[Sikratua]

Ughh, one more response before precious sleep.

It is very much Apples to Oranges. Look at it this way.

Case A: Suspended from school for wearing armbands.

Case B: Removed from cheerleaders, a voluntary group, for not acting as a cheerleader.

Totally different things.

The punishment itself does not matter. In fact, the actual ruling in Tinker never actually said anything about what level of punishment would be permitted, since it was an act of protest that was punished, not simply the wearing of an extra article of clothing. And, as in this case, the students in the Tinker case did not infringe on anyone else's rights. At no point in the decision for TInker did Justice Fortas say anything that even resembled "But, none of this applies if it's extracurricular." So, yeah. Legally, not different, at all. ^_^

On a bit more blunt level, though, she signed up for the cheerleading squad to cheer for the name on the front of the jersey. If she doesn't want to cheer the name on the back of it, I don't see the problem.

 

[Nouw]

She could have handled the situation a bit better.

Cause and effect y'all.

 

[Vykrel]

Okay, fine. I can see how she would be dropped from the team: after all, she was refusing to participate.

you can see why she would be dropped from the team for refusing to cheer her rapist's name?

you should join their school board

 

[EeveeElectro]

I thought America's justice system was quite good?
That sounds like something that would happen over here. "You raped someone? Oh, well... uhm, do some community service, pay a bit of money and we'll forget about it okay? You know, not like your poor victim who will never forget this ordeal."
There's probably more to the story though, so I don't know.

 

[Infernai]

Urgh, faith in humanity has dropped again (Had a big rise before, but has dropped again...not in negatives just yet, but it's in single figures now)

 

[Jackhorse]

I ... Sorry I just can't even be suprised at this anymore. This is wrong all over, the rapist walking free, the cheerleader captain who doesn't give a damn, the by the book judge forcing her to pay $40,000.

This is why we need Batman.

 

[Vanguard_Ex]

*HEAD*ehgwuiegh*HIT*efgiuqegh*KEYBOARD*uiwefgiu

To the rest of the world, I formally apologize for my State.

It isn't your fault.
http://vksempireofdirt.com/wp-content/uploads/2008/02/bro-hug.jpg

This could've happened anywhere.
This story kind of hit home a little bit to me...my ex-girlfriend was sexually assaulted and it always drove me crazy how she never went to anyone for help, essentially letting the guy get away with it. Seeing an injustice with it all over again hurts a bit.

 

[supermariner]

This can't be the whole story
please God let there have been some sort of monumental typing error and none of this happened

because nobody in their right fucking mind would come to rule this judgement

 

[Hive Mind]

Rape = death penalty.

Problem solved.​

Oh hey there! I'm a girl who's saying you raped me. becase you played a bit rough with me last night.

Oh lol your going to get killed even though i was lying and i agreed to it.

JUSTICE FOR ALL. AMIRITE?

Firstly, I'm a girl and I'm taken.

Secondly, the attitude you just demonstrated makes me laugh at the post. Thank you.

If you want to try again without the laughable attitude, I'll read your post.

 

[k-ossuburb]

It happened in the US in Texas btw.

Honestly, does anything more need to be said?​