TX: Cheerleader dropped from squad for not cheering sexual assailant, must pay up by court - Polidicks

[QUOTE=Swilly;29666771][url]http://en.wikipedia.org/wiki/Student_rights[/url] [U]Older Case[/U] [url]http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District[/url] [U]Newer Case[/U] [url]http://en.wikipedia.org/wiki/Morse_v._Frederick[/url] [url]http://articles.cnn.com/2007-03-19/justice/free.speech_1_principal-deborah-morse-school-policy-10-day-suspension?_s=PM:LAW[/url] [U]Updated ACLU Page[/U] [url]http://www.aclu.org/free-speech/student-speech[/url] [U]Further Reading[/U] [url]http://www.usconstitution.net/consttop_stud.html[/url] Burden of proof met I believe.[/QUOTE] That is evidence that schools rarely "BREAK" rules. not the opposite. The word rarely would imply that schools break rules willy nilly. they make it their mission to break rules. but once in a blue moon they decide to follow some. and six wikipedia links is the only evidence you have to back it up.

[QUOTE=Swilly;29666863] If they could prove it then I would, but like you, I wouldn't believe someone who didn't have proof unless they've seen it themselves.[/QUOTE] [img]http://i260.photobucket.com/albums/ii12/REexpert44/thats_the_joke.jpg[/img]

[QUOTE=Swilly;29666771][url]http://en.wikipedia.org/wiki/Student_rights[/url] [U]Older Case[/U] [url]http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District[/url] [U]Newer Case[/U] [url]http://en.wikipedia.org/wiki/Morse_v._Frederick[/url] [url]http://articles.cnn.com/2007-03-19/justice/free.speech_1_principal-deborah-morse-school-policy-10-day-suspension?_s=PM:LAW[/url] [U]Updated ACLU Page[/U] [url]http://www.aclu.org/free-speech/student-speech[/url] [U]Further Reading[/U] [url]http://www.usconstitution.net/consttop_stud.html[/url] Burden of proof met I believe.[/QUOTE] Remember kids, you aren't really a person until you turn 18!

[QUOTE=Insignificant;29666858] They wouldn't give you that bargain if there was enough evidence to charge you with rape. Are you gnna say they would?[/QUOTE] well they obviously would if there wasn't any evidence for anything then why would he plead guilty? [QUOTE=Insignificant;29666858]FYI If I walked into a school guns blazing and "someone died" I think you'll find I have 0% chance of a plea for manslaughter. That has to be the dimmest remark I have ever read I rated you winner. I mean that is actually incredible that you think I could get manslaughter if i waltzed into my school shooting guns and someone died. Don't critisize me for exaggerating either. I was making a point[/QUOTE] i'm gonna criticize you for making a point that's fucking retarded. i said murder isn't a misdemeanor but you could plead for a misdemeanor if the circumstances are right it's like talking to a child

[QUOTE=Megafanx13;29666961]Remember kids, you aren't really a person until you turn 18![/QUOTE] In addition, I feel that the issue of minor's rights is an issue far too often overlooked in the US today.

Only in the land of the (not so) free can this shit shtick. This WOULDN'T happen in any half-decent, civilized country. "America is the first country to have gone from barbarism to decadence without the usual intervening period of civilization." -Oscar Wilde

[QUOTE=Florence;29667121]Only in the land of the (not so) free can this shit shtick. This WOULDN'T happen in any half-decent, civilized country. "America is the first country to have gone from barbarism to decadence without the usual intervening period of civilization." -Oscar Wilde[/QUOTE] What about this is uncivilized. I don't get it.

[QUOTE=JohnnyMo1;29667225]What about this is uncivilized. I don't get it.[/QUOTE] :) Oh you.

Um. [editline]7th May 2011[/editline] Oh, me.

[QUOTE=Florence;29667121]Only in the land of the (not so) free can this shit shtick. This WOULDN'T happen in any half-decent, civilized country. [/QUOTE] America is civilized just like any other country is that idiots are the ones that get media coverage.

[QUOTE=Wootman;29667370]America is civilized just like any other country is that idiots are the ones that get media coverage.[/QUOTE] This isn't just about a few pricks pricking just to be pricks, those are pretty easy to find anywhere. This is about the MOTHERFUCKING LAW enabling pricks. Which is why I am in my right to call America uncivilized for letting shit like this stand.

[QUOTE=Florence;29667121]Only in the land of the (not so) free can this shit shtick. This WOULDN'T happen in any half-decent, civilized country. "America is the first country to have gone from barbarism to decadence without the usual intervening period of civilization." -Oscar Wilde[/QUOTE] Yes, it would actually. In fact worse things happen in half-decent, civilized countries. You know America's the home of the free when cultists like the Westboro Baptist Church can spew their hate and legally get away with it.

[QUOTE=Florence;29667502]This isn't just about a few pricks pricking just to be pricks, those are pretty easy to find anywhere. This is about the MOTHERFUCKING LAW enabling pricks. Which is why I am in my right to call America uncivilized for letting shit like this stand.[/QUOTE] Because there aren't retarded legislators in any other 1st-World countries?

[QUOTE=LiquidNazgul;29667531]Yes, it would actually. In fact worse things happen in half-decent, civilized countries.[/QUOTE] Point me to a case anywhere else in the civilized world that makes a victim of rape seeking justice pay damages. Seriously, try, as I have not. [QUOTE=LiquidNazgul;29667531]You know America's the home of the free when cultists like the Westboro Baptist Church can spew their hate and legally get away with it.[/QUOTE] There's a difference between freedom of speech, and the freedom to rape and get away with it scot free. [QUOTE=Megafanx13;29667708]Because there aren't retarded legislators in any other 1st-World countries?[/QUOTE] Absolutely not, the limits of human stupidity are boundless and reek everywhere. But, if a legislator were to take such a blatant misogynistic stance in Europe, he'd get a pie to the face at the very least.

Judges aren't legislators.

[QUOTE=Florence;29667827]Point me to a case anywhere else in the civilized world that makes a victim of rape seeking justice pay damages. Seriously, try, as I have not. There's a difference between freedom of speech, and the freedom to rape and get away with it scot free. Absolutely not, the limits of human stupidity are boundless and reek everywhere. But, if a legislator were to take such a blatant misogynistic stance in Europe, he'd get a pie to the face at the very least.[/QUOTE] Uh, she's not trying to get justice for her rape, this is a free speech issue.

Fucking disgusting.

[QUOTE=Florence;29667827]Point me to a case anywhere else in the civilized world that makes a victim of rape seeking justice pay damages. Seriously, try, as I have not.[/QUOTE] I'm not sure why you believe trying to find an [I]exact same situation[/I] in another country will prove the fact that there's far worse infringements of freedom of speech, or basic human rights for that matter, in other countries. The situation itself is not the issue here; the issue is freedom of speech.

Yes, what's happening here seems very wrong, but legally the freedom of speech argument does not apply here. Her position was totally voluntary, and unpaid; she knew that one of the requirements for being a cheerleader is to cheer for every player, whether you want to or not. If she did not accept those terms, she should not have joined. Look a different example; if a McDonald's employee told a customer "I think the way we make the food here is really disgusting," he would be fired, and have no grounds to sue; his job required that he limit his freedom of speech to maintain good customer relations. This argument applies doubly because, once again, the cheerleader's position was a voluntary one. Yes, what has been done to her is horrible, but she should have known going in that she had no hope of winning that trial.

[QUOTE=Xen Tricks;29667909]Uh, she's not trying to get justice for her rape, this is a free speech issue.[/QUOTE] She stayed on the team of her own free will. If she didn't want to cheer, she should have left the team, until she did that she was doing nothing short of sabotaging the cheer team through protesting.

[QUOTE=sHiBaN;29663704]Being forced to cheer for a rapist. Wow. Just when I thought the world had an inkling of hope.[/QUOTE] Why so bleak? This isn't the end of the world. Sure it's terrible, but there are a lot of good things in the world too. Just not in Texas.

[QUOTE=thisispain;29666748]you'd listen to him if he said he's seen an irrational number of rapes[/QUOTE] I've seen pi rapes Once on facepunch a long time ago don't think the bloke posts anymore

[QUOTE=Zeke129;29668530]I've seen pi rapes Once on facepunch a long time ago don't think the bloke posts anymore[/QUOTE] ...I want to meet this bloke now :v:

[QUOTE=Benstokes;29668112]Yes, what's happening here seems very wrong, but legally the freedom of speech argument does not apply here. Her position was totally voluntary, and unpaid; she knew that one of the requirements for being a cheerleader is to cheer for every player, whether you want to or not.[/QUOTE] Unless she was presented with a detailed explanation that she would be expected to cheer for literally every single player on every single sports team of that school playing at every single event she was issued to attend and that by failing to do so she was waiving her position on the team, that's complete bullshit. The entire argument against allowing her to sit a cheer out is invented garbage with no legal foundation. Far greater things than simple inaction have been upheld as within a student's right to free speech during school or school events, with the primary factor in prohibiting such things being disruption. One girl not cheering doesn't disrupt anything. Yelling "RAPIST" at the top of her lungs would, but that's not what happened.

[QUOTE=Florence;29667502]This isn't just about a few pricks pricking just to be pricks, those are pretty easy to find anywhere. This is about the MOTHERFUCKING LAW enabling pricks. Which is why I am in my right to call America uncivilized for letting shit like this stand.[/QUOTE] I think you understand how the legal system works even less than those two courts 1. different courts can give different rulings, just because judge A and judge B here said it wasn't rape doesn't mean judges C, D, E, F, G, H, I, J, K, L, M, N, O and P will say it wasn't rape 2. pick any "civilized" country and I guarantee you this [b]exact same[/b] scenario could play out [b]exactly the same[/b] in it. Sounds to me like you're hating the US just for the sake of hating the US. in conclusion, you're retarded and should stop posting [editline]7th May 2011[/editline] [QUOTE=Bigby Wolf;29668169]She stayed on the team of her own free will. If she didn't want to cheer, she should have left the team, until she did that she was doing nothing short of sabotaging the cheer team through protesting.[/QUOTE] you're right, she should've just quit the team as soon as her coach said "alright, get out there and cheer for the person that raped you, or else you're going to owe us $45,000 and get kicked off the team anyways"

This has nothing to do with free speech. It's like as if I was a doctor and refused to do an operation on a person because he hurt/murdered my friend/family. To not perform your duty is a rebellious act, not free speech. Cheerleading is 100% optional and no one is forced to enroll. If you don't perform your job, you get fired. Nothing to do with free speech. Although if she got raped but the rapist didn't get charged does suck, I still don't feel sorry for her because she didn't perform her duties as a cheerleader, thus got kicked off the team. She sued the wrong person for the wrong reason. The real person she needed to sue was the rapist for rape, not school for free speech rights. But then again, she's a cheerleader, so most probably her brain is as big as the basketball jock.

[QUOTE=thisispain;29666329]assault isn't hitting someone, assault can also be sexual assault which is a lesser crime than rape probably they made the case that he was under the influence and therefor not 100% accountable therefor he pled guilty to a misdemeanor which probably resulted in parole, community service, a fine, or forced education.[/QUOTE] Actually sexual assault is a felony in Texas, he was charged with regular assault which is a Misdemeanor [editline]7th May 2011[/editline] [QUOTE=thisispain;29666220]plea, bargain[/QUOTE] You realize plea bargains are typically only given when the prosecution doesn't have a sound case or enough evidence to make the charges stick, correct? [editline]7th May 2011[/editline] [QUOTE=TH89;29666702]Because he's a star athlete and it's Texas.[/QUOTE] But he's black and this is Texas, wouldn't that mean he would have been lynched if he was actually guilty? [editline]7th May 2011[/editline] [QUOTE=Swilly;29666771][url]http://en.wikipedia.org/wiki/Student_rights[/url] [U]Older Case[/U] [url]http://en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_District[/url] [U]Newer Case[/U] [url]http://en.wikipedia.org/wiki/Morse_v._Frederick[/url] [url]http://articles.cnn.com/2007-03-19/justice/free.speech_1_principal-deborah-morse-school-policy-10-day-suspension?_s=PM:LAW[/url] [U]Updated ACLU Page[/U] [url]http://www.aclu.org/free-speech/student-speech[/url] [U]Further Reading[/U] [url]http://www.usconstitution.net/consttop_stud.html[/url] Burden of proof met I believe.[/QUOTE] The court ruled that being on the cheer squad is voluntary and that they are legally a public representative for the school, just like lawyers can't interject their own opinions into a case that reflect negatively on their client without fear of being disbarred, a public representative can't do the same without fear of dismissal If being on the cheer squad was mandatory it would be different, but it's not [editline]7th May 2011[/editline] [QUOTE=Swilly;29666547]There is no legal form signed, its a social contract so no, she doesn't have to cheer. Her freedom of speech is being violated.[/QUOTE] No it isn't, you don't have a right to freedom of speech while acting in the capacity of a public representative, if the school tried to force her as a student to cheer him then it would be, but since she wasn't asked to cheer him a as a student she has no case [editline]7th May 2011[/editline] [QUOTE=Megafanx13;29666961]Remember kids, you aren't really a person until you turn 18![/QUOTE] Unless you live in Texas where it's 17 by court order

If she didn't want to get raped she shouldnta gotten that good boy's dick caught in her massive slut vagina :bahgawd:

[QUOTE=thisispain;29666966]well they obviously would if there wasn't any evidence for anything then why would he plead guilty? [/QUOTE] In the off chance you get a retarded jury or your lawyer is shit? Also misdemeanor assault is a relatively minor crime

Dear Texas please stop being retarded I'd like to move to Austin some day but you are just making that seem like the worst idea!