5th Circuit Rules That High School Cheerleader Is Required To Cheer For Her Alleged Rapist

[cynatnite]

Source: Think Progress

The United States Court of Appeals for the Fifth Circuit, one of the most right-wing courts in the country, sanctioned a former high school cheerleader because she brought a lawsuit claiming that she shouldn’t be required to cheer for her alleged rapist:

The former cheerleader and her family are appealing the ruling by the Fifth U.S. Circuit Court of Appeals in New Orleans, which includes an order to pay the school district’s legal fees on the grounds their suit was far-fetched and frivolous. <...>

snip:
This decision is hardly the first time the right-wing Fifth Circuit has come under scrutiny for its harsh judgments. As the Wonk Room noted earlier this year, the overwhelming majority of Fifth Circuit judges are invested in the oil industry, and both of the judges who voted against reinstating a drilling moratorium during the Gulf oil disaster attended oil industry-funded junkets. In one case brought by Katrina victims against the energy industry, so many judges were required to recuse themselves that there weren’t enough judges left to hear an appeal.

Yet, even in a circuit known for its knee-jerk ideology, the cheerleader rape case was heard by an unusually radical panel of three judges. Judges Emilio Garza and Edith Clement were both on President George W. Bush’s “short list” for potential Supreme Court nominees, and Clement serves on the board of the leading organization providing industry-funded junkets for judges. The third judge, Priscilla Owen, took thousands of dollars worth of campaign contributions from Enron and then wrote a key opinion reducing Enron’s taxes by $15 million when she sat on the Texas Supreme Court. The panel did not include the court’s chief judge, Edith Jones, who has her own history of ignoring the pleas of women who are sexually harassed or assaulted.

Read more: http://thinkprogress.org/2010/11/08/fifth-circuit-rape/

[derby378]

1. What the FUCK?!?

Besides, he's no longer an alleged rapist - I thought he copped a plea that the cheerleader's family opposed.

[Lance_Boyle]

11. The plea bargain was to cop to an assault charge. n/t

[lsewpershad]

41. Why are these sobs still judges

How can we get rid of them?

[Joe Bacon]

52. Impeachment, BUT

Our Democratic Congress surrendered on that point, thanks to Pelosi and Reid. The minute they regained the Congress, they should have impeached the three assholes still on the Supreme Court who illegally installed Bush. Nope, impeachment was off the table. And any investigations about wrongdoing? Fuggheddaboutit!

But you just wait till Boner gets the Speakers Gavel, and you'll hear a different tune. Issa will crank up the subpoena machine and the investigations are going to be flying all over the place and you'll see the gavel to gavel coverage on Fox.

[ck4829]

2. Is this an example of the sharia law that Oklahoma banned recently?

What? No? It's right wing politics? OK then, guess that makes it OK.

[activa8tr]

3. This is utter bull coming from Republican cronies. Once again! n/t

[Blue_Tires]

4. forgive me; i have a dumb question...

if she had been raped, why even stay on the cheerleading squad and be in the presence of her attacker on a regular basis?

[cynatnite]

5. Why should she go into hiding? Why should she allow his presence to dictate her activities? n/t

[cstanleytech]

16. Good point however if thats her

decision to stay there then she does need to still do what shes told while she is a member of cheerleaders, they cant have cheerleaders pick and choose who they will and will not cheer for on their team after all even if one of the people being cheered for is an asshole.
Now my question is why didnt the school kick the kid from the team after he pleaded guilty to assault, that in of itself you would think should have been enough to get him removed from the team.


Edited for spelling

[cynatnite]

22. Being an asshole and being a rapist are two different things entirely...

On one hand a cheerleader can't choose, but given the gravity of the situation I do think allowances should have been made for her.

I totally agree that they should have kicked the boy off the team. Why it wasn't done to begin with is beyond my understanding.

[cstanleytech]

44. Oh I agree they should have made the allowance

and it would have been the moral thing to do but this is about whats legal and what the school did was (according to the court atleast) legal and sadly whats legal often trumps whats moral more often than not it seems.

[movonne]

7. What #4 said...

[texastoast]

8. What #5 said . . .

[whathehell]

14. Check out what #12 said.

[whathehell]

13. What #4 said

is stupid...I have a better question following it.

[whathehell]

12. A more pertinet question might be

if you're a RAPIST, why are you playing sports in High School?

Why the fuck arent' you in JAIL?

[texastoast]

15. WTF does playing sports have to do with rape?

I don't get your drift.

[derby378]

17. Good question

Rape and sports do not mix. Thuggery of any kind is incompatible with good honest competition.

[whathehell]

19. Hmmm...Let me explain

Usually when someone RAPES someone, they go to jail rather than school.

Get my drift now?:eyes:

[texastoast]

24. I see

So you don't think he raped her, is that correct?

[whathehell]

31. Um...No.

That's not correct.

[texastoast]

33. Oh

[CLANG]

21. The MOST pertinent question might be

WHY did they let a RAPIST cop a plea for assault? Now he doesn't have sexual predator on his record.

[texastoast]

25. OHHHH

That's where the sports connection comes in. HAHA

Can't let a good ball player take responsibility if it gets in the way of a good athletic career. Right?

[whathehell]

32. Yup.....Very pertinent indeed. n/t

[Blue_Tires]

40. i know high schools here have had a long history

of making incidents committed by star athletes disappear...no surprises there...

[cstanleytech]

45. Atleast 2 possible reasons spring to mind.

#1 His family is well connected and has the power to influence the court
#2 Lack of evidence to prove the rape charge

[24601]

50. I continue to be amazed by those who seem to think that the U.S.

Constitution is merely a technicality. Under our laws, if he isn't convicted of rape - he is not a rapist. He is guilty of non-felony assault. It's a perfect opportunity to debate should a one guilty of assault be permitted to play HS sports. It's certainly not disqualifying for the NFL or NBA and colleges have varied policies across the board. In the absence of a uniform state law, it would be a local decision.

[Atypical Liberal]

30. Here's a dumber question:

If the football player is a rapist, why is is still allowed to be in school and play football?

[Divernan]

36. You're right - that is a DUMB question!

She is the VICTIM! Why should she have to give up an activity she's doubtless worked hard on for years?

[Blue_Tires]

39. i just thought she'd quit as a matter of protest or something...

cheering is part of athletics, and as long as she was cheering for her attacker's teams at games, pep rallies, etc, rightly or wrongly the school and her classmates are going to believe nothing bad ever happened...

and I don't know the law or if this would even apply to high school, but wouldn't the girl or her parents try to get a restraining order or something??

[slackmaster]

38. I have a better question

Why was Rakheem Bolton allowed to stay on the team after being indicted?

[muriel_volestrangler]

48. Quite possibly he wasn't

Timeline, from here: http://www.kfdm.com/articles/former-39394-school-high.html and here: http://www.ca5.uscourts.gov/opinions/unpub/09/09-41075.0.wpd.pdf

October 2008: the party with the sexual assault
Jan 2009: grand jury decides not to indict the 3 who were charged on any charge
Feb 2009: Bolton plays in the basketball game; H.S. refuses to cheer for him, and is thrown out of the cheerleading squad for the rest of the year. She is allowed to try out for the squad the next year (academic or calendar year, I'm not sure).
Nov 2009: a new grand jury indicts Bolton with sexual assault. He has been playing football for the school up to this point.
Sept 2010: Bolton pleads guilty

It's not clear if Bolton was removed from the team, or the school, after the indictment, nor if H.S. was back on the cheerleading squad by then. But the main event on which the court was ruling was the Feb 2009 basketball game, before the indictment.

[Doctor_J]

6. Pro-rape republicans

they didn't want Blackwater rapists prosecuted, and now this.

[RZM]

9. This was an awful situation for the cheerleader

And I haven't read the court's decision, but I imagine they based their argument on the fact that the rape was alleged, since the accused was not indicted, let alone convicted, at the time of the incident during the game. So I imagine that in the eyes of the law, not cheering for him at that particular time was the same as refusing to cheer for anyone else on the team, which would presumably be against the rules of the squad. Sounds like she got a raw deal, but if my take is correct, I can at least see the legal reason for the court not taking her side (albeit from my armchair perspective). Let me repeat . . . I am NOT implying that what the girl did was wrong, actually it sounds pretty brave of her and I respect it, but I can see where the court might be coming from.

[JerseygirlCT]

10. Rec. because this vileness should not go unnoticed

Disgusting.

[bongbong]

18. Yes!

I'm sure this case will come to the attention and then protest by the teabaggers, since they are so against gov't telling us what to do.

:sarcasm:

[Mark D.]

20. Amazing

Where is the outrage? I mean, Texas of all places, with so many so-called 'pro-family'. Just the fact that there wasn't a school-wide march of all concerned parents (who HAD to hear about this high profile case) to demand (or physically institute, on-site) a 'ban' of those who banned HER for what I feel is a first amendment right. What kind of adult monsters could sanction her after what she went through, while they themselves smiling and 'woo-hooing' that piece of shit that raped her?

I really want to know where the outrage is. Those backward buffoons indict themselves as being ok with rape and devaluing women when they allow this to happen. While praying to the 'aqua buddha' of almighty effing 'sports'. Sports! The best invention ever to voluntarily create a massive distraction of able-bodied men to live vicariously through their heroes in arenas and on the TV. Why exercise? Become that couch potato while those kids do the cardio! This stinks in so many ways!

[CLANG]

23. You know how they are about their football in Texas!

This rapist is probably their star QB or something. That makes the girl in question a lying slut.

[Selatius]

51. Football is all many of these school districts have. They have little else.

One female is not going to get in the way of the entire town of rednecks getting their fun on Friday night. This is why there were no marches or protests at the school. It would disrupt the football schedule.

[SoapBox]

26. Outrageous.

And yet the lemming RushThugs and T.HaterBaggers want more Activist Judges like these.

[HopeHoops]

27. FUCK that noise.

That's just so Republican.

[DesertDiamond]

28. As an attorney friend of mine says, in the US we don't have a justice system, we have a legal system

[DatManFromNawlins]

29. That article is utterly devoid of facts regarding the case

She refuses to fully participate in an extracurricular activity. The school is callous for not making an exception for her, but the court isn't wrong in saying that the school has a right to exclude students who refuse to participate. There's nothing "right wing" about this ruling.

The school is wrong to punish her, but they have the right to.

This article is vacuous and pathetic.

[Trocadero]

34. one of a number of good reasons NOT to live in Texas

[Dawson Leery]

35. Pro-Rape Republicans!

[NuclearDem]

37. Poor girl...

Why exactly is the law siding with the rapist on this one?

[Canuckistanian]

42. How DARE that child question authority like that?

If this kind of thing isn't stopped, she might even question OTHER officials, like her Republican Congressman or Senator. Or even VOTE in a manner NOT approved by Fox News.

This kind of impertinence MUST be punished.

[jancantor]

43. This is the correct decision

It is not the most popular decision, but based on the law, it's the correct decision.

Read the actual decision here...

http://www.ca5.uscourts.gov/opinions/unpub/09/09-41075.0.wpd.pdf

Not some article that is more concerned with politics than with the facts of the case. I also think the racial angle is interesting.

[NashVegas]

56. Legally, I Agree

Morally, the only thing sadder than the fact of its reality is that the town's and school's parents aren't running the local board of education and admins out of town on a rail.

On some digging, interesting to note the school's principal resigned a month after a local grand jury refused to indict the boys for rape. No mention of that but she does cite personal reasons.

http://www.silsbeebee.com/news.php?viewStory=1581

[jancantor]

58. Nice to have somebody on my side here :)

I frankly do not see how the court could have ruled otherwise. I empathize with the young woman, but her legal case is absurd. Intersting about the mayor. Thanks

[NashVegas]

60. Depends

You can say I'm on your side, as long as you also think it's within reason that this girl's family should retaliate any way they can, within legal boundaries.

[jancantor]

61. oh, absolutely

obviously, the way to go at this point is sue. the criminal case has already been adjudicated. he pled to a (non sex crime) misdemeanor assault. as a lesser included offense, and jeapardy already having been attached, the criminal side is OVER.

the crux of the case is that AS a cheerleader, she was acting as a representative of a school, and one accepts that position with the understanding that one cheers for the team. the whole team. even if one assumes she was raped by the guy, that does not give her the right to selectively cheer. it's a public face of the school position vs. what she says/does in her off time, where 1st amendment issues apply.

[NashVegas]

66. Sue? Oh, Fuck That

I was thinking more along the lines of hiring someone to tail him and wreck his life. If he goes into college basketball, only a matter of time before he's a coke fiend.

[jancantor]

67. lol nt

[Downwinder]

62. Not too proud of their opinion.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

[lbrtbell]

46. She should just quit the squad

Why be part of a team that allows a rapist to play on it?

If I were her parents, I'd pull her out of school for that reason, alone. If more parents would do this, it would reduce the number of students, thereby reducing the amount of funds that school receives.

Hit them in the wallet, because the courts aren't on our side.

[NashVegas]

55. Because Victims Shouldn't Be Scapegoats

Run out of town by moral cowards.

[usregimechange]

47. send a note about this to your legislators.

[Faryn Balyncd]

49. I thought this was "The Onion"

[dogfacedboy]

53. While I certainly feel for this girl, what's so important about being a cheerleader?

I can think of a thousand more important and intelligent ways for her to spend her free time.

[LeFleur1]

54. Let's See

This girl has to give up her chosen extra curricular activity because she morally objects to cheering for her rapist BUT

Licensed pharmacists can refuse to fill a prescription issued by an MD on moral grounds?

Something so off about this.

[kiranon]

57. Went to a seminar where some 5th Cir. judges were speakers and they told sexist

jokes. Not a surprise to me about this decision.

[Downwinder]

59. Should be required reading for all prospective cheerleaders.

Let them know their duties under the law.

[alp227]

63. why did 2 female judges rule against cheerleader/for the school?

oh right they're Bush tools. And hiding their sleazy ideologies behind legalese. Why oh why was Rakheem Jamal Bolton not expelled from school at least? Yet another story of judicial privilege: star athlete gets off the hook.

[24601]

65. Whether he was expelled or not wasn't before the court. n/t

[happi1]

64. weird

I aint heard of this thing until I grabbed a copy of SI today...put in the memory banks to look up later.

Wish I knew what to say but I don't.


Just makes me sad. Wish I could sweep away bad memories for this girl.

[toopers]

68. This is the actual ruling . . .

From the court’s opinion, “In her capacity as cheerleader, XX served as a mouthpiece through which SISD could disseminate speech))namely, support for its athletic teams. Insofar as the First Amendment does not require schools to promote particular student speech, SISD had no duty to promote XX’s message by allowing her to cheer or not cheer, as she saw fit. Moreover, this act constituted substantial interference with the work of the school because, as a cheerleader, XX was at the basketball game for the purpose of cheering, a position she undertook voluntarily. Accordingly, we affirm the district court’s dismissal of Appellants’ First Amendment claim.”

Link: http://www.silsbeebee.com/news.php?viewStory=2165

[KansDem]

69. You know, this is what's fucking wrong with this country!

This whole ordeal could have been avoided by one school official with empathy. You would think the person overseeing the cheer-leading squad would understand what this student was going through and accept that she didn't want to cheer for the player. You would think a discreet exception could be made.

But no...we have a pack of fucking losers, from the school officials on up to the judges, making inane decisions based on...who knows what? Certainly not logic or reason tempered with empathy.