Cheerleader Told To Pay School She Sued After Being Kicked Off Squad For Refusing To Cheer Guy Who Assaulted Her

Horrible. [Link]

I'd been aware of an important (but unfortunate) free speech lawsuit involving a cheerleader who refused to cheer for a fellow student who had sexually assaulted her. The girl claimed that the boy had raped her when she was 16. The boy was arrested, pleaded guilty to a misdemeanor charge of assault, and was given various punishments (community service, a fine, probation and an anger management class), but was also allowed back on the basketball team. The girl remained on the cheerleading squad, but then refused to cheer for the boy. This being Texas, where they take high school sports significantly more seriously than much of the rest of the world, the superintendent of the school ordered her to leave the gym, and when she explained her reasons, she was expelled from the cheerleading squad. She then sued the school, claiming it was a violation of her First Amendment rights. The lower courts ruled against her, saying that being a cheerleader means accepting that you're a "mouthpiece" for the school, and thus are required to cheer for whomever the school says you should cheer for. Not only that, but adding insult to injury, the courts said that the lawsuit itself was frivolous and the girl had to pay the school $45,000. The reason the case is getting attention now is that the Supreme Court has declined to hear her appeal, meaning that her case is done, and she has to pay up.