Daily Rant

I try not to get too political too often here on Accidental Musings, because mainly I never believe one party is right all the time. In fact, I believe a healthy two-party system is essential to our frame of government. But, this- THIS came across my email today and I couldn’t pass it up.

<TANGENT> (And don’t complain about this tangent, I TOLD you I was polisci major and politics nerd. So really, you have only yourself to blame.) First, a thing about Supreme Court cases. The who and why are often irrelevant to a Supreme Court Case. Like in Arizona vs. Grant. The case isn’t about car search, per se. It’s about search powers under the constitution. So it doesn’t matter about who in Arizona searched which car or why they did- the issue is search powers, limited authority, etc. and THAT is what the court hearing is actually about.</TANGENT>

OK, now read this upcoming case* that is coming before the supreme court. A Texas cheerleader (woo, never put those two word together on my blog before) was kicked off her cheerleading team after refusing to chant “2, 4, 6, 8, 10, come on, Rakheem, put it in.” Rakheem is the boy who she accused of raping her (he pled guilty to misdemeanor assault charge). The school said she had to go home and was dismissed from the team.  She and the parents sued. They lost in federal court AND told her to pay the school $45,000 in legal costs.

Where do I start with the issues?

  • Why was he allowed to play while under investigation?
  • Why did the school automatically put themselves on the side of the boy (or seeming to, by dismissing her)?
  • How many times can this school district make her a victim?

I am astounded. ASTOUNDED.  With every story I read I am sure that Texas has reached its limit of crazy, but they always manage to top themselves. ALWAYS.

But the Court won’t rule on whether she is a victim, or if the school was wrong. They are deciding this issue on one question: Whether the school can limit her use of free speech, if said free speech “disrupted the educational process”. That’s it. Did this cheerleader disrupt the educational process by sitting out that one cheer? I think not, but, sadly, the SCOTUS won’t be asking me. And since the SCOTUS won’t be ruling on the absolute stupidity of the Texas school in question. I’m going to hold court right here.

Ready? Let’s do this:

Hear ye! Hear ye! The Supreme Court of “Are You Stupid?” is now in session!

Case: Rape Victim vs. Silsbee High School

THE RULING: Damn, you’re stupid Silsbee High School (and mean and backwards and other things- but I don’t have time to set up judiciaries for all of your ‘backward-ness’).

Court adjourned.

————————————————————————————————————————————————————–

*It is not yet an official upcoming case. The lawyer for the cheerleader has said he will file to have the case heard with the Supreme Court. It will be up to the court to hear the case, or let the lower court ruling stand. It will be a couple of months before the Court lets the parties involved know whether or not they will hear the case.

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  • http://twitter.com/theprez98 theprez98

    Let’s look at this case from the opposite side. If H.S. had stood up during a game, in her cheerleader uniform, and shouted, “Rakheem is a rapist!”, would you think that her free speech should be protected in that circumstance, or would it be acceptable for the school to kick her off the team?

    Also, if you read the Appeals Court’s decision, H.S. and her parents made some strange claims, such as her “right to freedom from bodily injury” (not from the alleged rape itself) but from Rakheem not being indicted.

    Your comments are interesting regarding the “who” and the “why” because when you remove them from this case, it takes away all the emotionally-charged drama which is not legally relevant to the case. It really is, to me, a frivolous lawsuit. I would agree with the Court of Appeals. That does not mean I don’t feel bad for H.S., because I do, but she hasn’t met the standard for the claims she’s making.

  • http://twitter.com/theprez98 theprez98

    I would lastly add that I suspect the Supreme Court will *not* take this case.

  • Anonymous

    I don’t know. It seems that sitting out one cheer is taking the ‘disrupting the educational process’ argument a little far. I give it a fair 50/50 chance.

  • Anonymous

    If she had stood up to day that, then yes, it would have been acceptable to kick her off the team. Victim or no. I think she should have the choice to sit out the cheer.

    I tried to make the point the SCOTUS won’t be making a decision as to whether what they did was stupid or not, so I wanted to make sure I said it was (I know, I know, we all care what I think, right?)

    But on another note, I always love when you comment on my political posts. You’re still my favorite person to argue…I mean, DISCUSS, politics with.

  • http://twitter.com/theprez98 theprez98

    I think the argument goes, her decision to be a cheerleader was a voluntary one which obligated her to do the cheers; if she doesn’t want to do the cheers, then they have the right to ask her to not be a cheerleader. Beyond that, I don’t see how she has any chance.

    btw, the text is enlightening: http://www.ca5.uscourts.gov/opinions/unpub/09/09-41075.0.wpd.pdf

    I *hate* when journalists write about court cases and editorialize their comments without actually linking to the text of the decision. Most lournalists are not lawyers and many times they miss small but crucial distinctions in the case.

  • http://twitter.com/theprez98 theprez98

    Life wouldn’t be any fun if we couldn’t argue or discuss these issues. :-)

  • Nancy

    they have the right to ask or tell her she can’t be a cheerleader. That I will concede. But to send her home? Dismiss her? Why? Something is not being said here or this school is administration graduated directly from the Dubya School of Stupid.

  • http://twitter.com/andygirl Andrea Anthony

    oh.my.gourd. seriously?

    let me get this straight:

    cheerleader accuses a guy of rape. school sides with guy.
    cheerleader refuses to do one cheer. has to pay school thousands of dollars.

    wha?

  • Anonymous

    Another reason I’m glad I don’t live anywhere NEAR Texas.

  • Anonymous

    I agree, probably got a Master’s in ‘Being Jerks’

  • bob

    The school administrators should be looking for employment elsewhere, not in education.

  • http://amydphillips.com/ Amy

    Agreed. Still waiting to see if the Court is hearing the case or not.

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