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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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OfflineBaby_Hitler
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Cheerleader fined 45 thousand dollars for not supporting her rapist * 1
    #14446822 - 05/13/11 05:43 PM (13 years, 9 days ago)

http://www.businessinsider.com/cheerleader-loses-lawsuit-2011-5?utm_source=twbutton&utm_medium=social&utm_term=&utm_content=&utm_campaign=sportspage

Quote:

The Supreme Court this week refused to hear the case of a teenage girl who was kicked off her cheerleading team after refusing to cheer for the boy who sexually assaulted her.

As a result, she now owes the school $45,000 in legal fees.

The girl, known only as MS, accused a fellow student of raping her at a party. He plead guilty to a misdemeanor charge to avoid jail time and was allowed to return to school and the basketball team.

She continued to cheer for the team during games, but refused to shout the boy's name or clap for him when he shot free throws. When the superintendent discovered what she was doing, she was kicked off the team.

She sued the Texas school, arguing that her free speech rights had been violated, but two courts ruled that as a cheerleader she speaks for the school, not herself, and did not have the right to refuse.

A federal appeals court upheld the ruling and ordered her to pay court costs for filing a "frivolous" lawsuit.

Read more: http://www.businessinsider.com/cheerleader-loses-lawsuit-2011-5?utm_source=twbutton&utm_medium=social&utm_term=&utm_content=&utm_campaign=sportspage#ixzz1MGQgpZGL





I don't understand what their basis is for calling this lawsuit frivolous. 

Why was the boy who was convicted of assault even allowed to stay on the team in the first place?

There's just nothing right about this at all.


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InvisibleDieCommie

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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14446869 - 05/13/11 05:55 PM (13 years, 9 days ago)

Quote:

Why was the boy who was convicted of assault even allowed to stay on the team in the first place?




What does being on the team have to do with the criminal case?  What exactly do you think that people who have served their time shouldn't be able to do?  (Note that this is a completely separate argument from whether his sentence was sufficient or not)

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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: DieCommie]
    #14446921 - 05/13/11 06:06 PM (13 years, 9 days ago)

I think this student should not have been allowed to be on this team.


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OfflineChuangTzu
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14446970 - 05/13/11 06:15 PM (13 years, 9 days ago)

Do you think it should be school policy to not allow anyone with a criminal record on the school's basketball team?

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InvisibleDieCommie

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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447062 - 05/13/11 06:33 PM (13 years, 9 days ago)

Quote:

Baby_Hitler said:
I think this student should not have been allowed to be on this team.




If he really was guilty, then I agree.  But I would have that be a function of him still being locked up, not "you're free and your debt is paid, but you cant play basketball and we are going to publicly shame you".

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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: ChuangTzu]
    #14447141 - 05/13/11 06:51 PM (13 years, 9 days ago)

Quote:

ChuangTzu said:
Do you think it should be school policy to not allow anyone with a criminal record on the school's basketball team?





Why are you trying to make a blanket hypothetical situation out of a specific actual situation?

Do you think public schools should reward athletes raping cheerleaders?


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Invisiblememes
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447220 - 05/13/11 07:03 PM (13 years, 9 days ago)

I've heard about this before, and it makes me sick.  I think people should take rape a lot more seriously.

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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: memes] * 1
    #14447246 - 05/13/11 07:08 PM (13 years, 9 days ago)

Don't be silly.

Boys will be boys, you know. :shrug:


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OfflineOmnerMG
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447283 - 05/13/11 07:14 PM (13 years, 9 days ago)

Quote:

Baby_Hitler said:

... and did not have the right to refuse.





Refuse to cheer? Or refuse the forceful sex of some jack off meat head?


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OfflineChuangTzu
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447332 - 05/13/11 07:22 PM (13 years, 8 days ago)

Quote:

Baby_Hitler said:
Quote:

ChuangTzu said:
Do you think it should be school policy to not allow anyone with a criminal record on the school's basketball team?





Why are you trying to make a blanket hypothetical situation out of a specific actual situation?




Because everyone deserves equal protection under the law.  And the treatment of specific students should be according to policy which is applied equally to everyone.

Quote:


Do you think public schools should reward athletes raping cheerleaders?




No, of course not.  :rolleyes:

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OfflineChuangTzu
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447413 - 05/13/11 07:38 PM (13 years, 8 days ago)

Quote:

Baby_Hitler said:
Do you think public schools should reward athletes raping cheerleaders?




Not to mention, he was only convicted of misdemeanor assault, not rape of any kind.  I'd expect a line like that from someone like annapurna...

Quote:


The girl, known only as MS, accused a fellow student of raping her at a party. He plead guilty to a misdemeanor charge to avoid jail time and was allowed to return to school and the basketball team.




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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: ChuangTzu]
    #14447691 - 05/13/11 08:25 PM (13 years, 8 days ago)

Quote:

ChuangTzu said:
Quote:

Baby_Hitler said:
Do you think public schools should reward athletes raping cheerleaders?




Not to mention, he was only convicted of misdemeanor assault, not rape of any kind.  I'd expect a line like that from someone like annapurna...

Quote:


The girl, known only as MS, accused a fellow student of raping her at a party. He plead guilty to a misdemeanor charge to avoid jail time and was allowed to return to school and the basketball team.









I was just playing answer a stupid question with a stupid question.

Fun stuff, huh?


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OfflineChuangTzu
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14447873 - 05/13/11 08:49 PM (13 years, 8 days ago)

Quote:

Baby_Hitler said:
I was just playing answer a stupid question with a stupid question.

Fun stuff, huh?




:rolleyes:

What exactly was dumb about it?  What policy do you think should have been in place to prevent that guy from playing basketball?  If not a blanket ban on everyone with a criminal history, then what would you propose?  Everyone with an assault record should be banned?  Or maybe anyone who has ever been accused of rape?  If the school had tried to prevent him from playing basketball for any reason that they wouldn't apply to everyone else in the school equally, I'd say that he would be the one justified in filing a suit.

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Offlineimachavel
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: DieCommie]
    #14448917 - 05/14/11 12:14 AM (13 years, 8 days ago)

Quote:

DieCommie said:
Quote:

Why was the boy who was convicted of assault even allowed to stay on the team in the first place?




What does being on the team have to do with the criminal case?  What exactly do you think that people who have served their time shouldn't be able to do?  (Note that this is a completely separate argument from whether his sentence was sufficient or not)




umm, so if i go to your house, and assault a family member of yours, when i get out of jail 5 years later i should be able to play soccer on your street in front of your house like nothing happened?

i'm not trying to be sarcastic, i'm asking a serious question in a completely hypothetical sense


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Invisiblejohnm214
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14449207 - 05/14/11 01:40 AM (13 years, 8 days ago)

Quote:

Baby_Hitler said:

I don't understand what their basis is for calling this lawsuit frivolous. 





It is frivolous because even taking the well-plead factual allegations to be true, the law does not provide for the relief requested (nor is their a sufficient argument for the creation of new law).  When you file a case with a prayer for relief that is not legally available on the basis of the facts, it is a waste of time.

The fundamental legal question is whether someone who has voluntarily joined and served on a government group has a first amendment right to refrain from expressing views for the government that they disagree with.  The related question is whether someone who fails to cheer as directed by the government due to personal feelings, and thereby has their invitation to the group retracted, has had their civil rights violated.


The law is clear that you do not have the right to speak your mind when voluntarily operating as a government agent. 

Had the school retracted their invitation due to conduct outside of school, such as telling the world about how the boy raped her, or even prevented her from speaking about the matter during the school day when speech of a different viewpoint is allowed,  I would agree their would be a case.


Quote:



Why was the boy who was convicted of assault even allowed to stay on the team in the first place?




What does that have to do with anything?





Quote:

DieCommie said:
Quote:

Why was the boy who was convicted of assault even allowed to stay on the team in the  (Note that this is a completely separate argument from whether his sentence was sufficient or not)




Exactly

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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: johnm214]
    #14450116 - 05/14/11 08:57 AM (13 years, 8 days ago)

Quote:

johnm214 said:
Quote:

Baby_Hitler said:





Why was the boy who was convicted of assault even allowed to stay on the team in the first place?




What does that have to do with anything?










Define "anything".


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InvisibleDieCommie

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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: imachavel]
    #14450219 - 05/14/11 09:29 AM (13 years, 8 days ago)

Quote:

imachavel said:
Quote:

DieCommie said:
Quote:

Why was the boy who was convicted of assault even allowed to stay on the team in the first place?




What does being on the team have to do with the criminal case?  What exactly do you think that people who have served their time shouldn't be able to do?  (Note that this is a completely separate argument from whether his sentence was sufficient or not)




umm, so if i go to your house, and assault a family member of yours, when i get out of jail 5 years later i should be able to play soccer on your street in front of your house like nothing happened?

i'm not trying to be sarcastic, i'm asking a serious question in a completely hypothetical sense




Why shouldn't you be able to play soccer?  Is that how you guys really view the law, serve your time and then get out and be a free man except you are not allowed to play organized sports at some arbitrary distance from your victims?  Sounds like you are just making it up as you go, which is no way to run a legal system.

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InvisibleStein
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: DieCommie]
    #14450332 - 05/14/11 09:58 AM (13 years, 8 days ago)

She would have been better off filing for a restraining order.

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OfflineBaby_Hitler
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Stein]
    #14450426 - 05/14/11 10:27 AM (13 years, 8 days ago)

Quote:

Stein said:
She would have been better off filing for a restraining order.





:bigyesnod:

I'm sure there's more to the case than what this article covers. Still, I'm pretty sure somebody needs to be punched in the dick for being an asshat on this.


BTW, http://offthebench.nbcsports.com/2011/05/03/supreme-court-denies-appeal-of-cheerleader-who-refused-to-cheer-for-player-who-assaulted-her/


Quote:

The specific cheer was: “Two, four, six, eight, ten, come on, Rakheem, put it in.”




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Offlinezappaisgod
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Re: Cheerleader fined 45 thousand dollars for not supporting her rapist [Re: Baby_Hitler]
    #14451122 - 05/14/11 12:36 PM (13 years, 8 days ago)

This is a pretty good recap.

1.  She was not "fined".  She was ordered to pay court costs for bringing a frivolous lawsuit.  Which it was.  Fucking assholes who sue over every perceived slight are fucking this country up.  She should now sue the piece of shit in civil court.  THAT is a justifiable lawsuit.  In the interests of justice she should sue for exactly $45,000. 
2.  The piece of shit had not yet been convicted of anything.  But his victim knew the truth.
3.  The idiot cheerleader should have quit the team in disgust when the piece of shit was still playing.
4.  Sitting in the stands and shouting "Go Rapist" would be protected speech.


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