Just over forty years ago, due to events in my very own flyover city, came the Supreme Court case that stated “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
But apparently, that speech didn’t include weed.
And now, thanks to the awesome conservatives of the Fifth Circuit Court of Appeals, it also doesn’t include your right to silently oppose having been raped.
Well okay, I suppose…wait…WHAT?!
Say you’re a sixteen year old girl who is a cheerleader in a small Texas town raped by the guy taking a free throw surrounded in a town full of tragically ironic, modern-day, Bob Ewells. It’s bad enough he raped you, damned if you’re going to cheer for him by name. So you sit and stay silent. You don’t scream at him, you don’t do anything but sit silently. In return you are removed from the cheerleading squad by the school the way Chuck Connors was kicked out of the army. That sure seems wrong, so you file suit alleging your First Amendment Rights were violated.
Well, you lose. Because, “You young lady”, according to the Fifth Circuit, “are a disgrace to your avocation!”
“In her capacity as cheerleader, H.S. served as a mouthpiece through which (the district) could disseminate speech – namely, support for its athletic teams,” the three-judge panel said in a Sept. 16 ruling.
The district “had no duty to promote H.S.’s message by allowing her to cheer or not cheer, as she saw fit,” the court said. “Moreover, this act constituted substantial interference with the work of the school because, as a cheerleader, H.S. was at the basketball game for the purpose of cheering.”
So “Go Team!” is protected speech, but silently protesting your rape is frivolous and verboten. This very special edition of Texas Justice is brought to you by the conservative movement and folks in the Gang of Fourteen, including “Short-Ride Joe” Lieberman.
The panel consisted of three of the court’s most conservative judges: Emilio Garza and Edith Clement, both of whom were once on President George W. Bush’s short list for a Supreme Court vacancy, and Priscilla Owen, a Bush appointee whose confirmation was slowed by a Democratic filibuster.




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Any other state, if one of the jocks attacks a cheerleader, he’s thrown off the team and suspended. In Texas, they throw the cheerleader off the team.
Now there’s Texas education for ya. I’m sure educated about education in Texas.
I think the judges are right. The above comment gives the obvious solution, or the young woman can prosecute or at minimum inform the school officials who can take some action. If she’s on the cheerleading squad she has to cheer. If the tight end (male) of the high school team was raped by the quarterback, for example, it would be ludicrous for him to refuse to catch the qb’s passes. The cheerleader needs to respond to the alleged rape through channels or if that fails, the press. I guess she could also join in the cheers by name but yell “Rapist” after the guy’s name. Or have the whole squad yell “Rapist”.
For example, “Give me an R….”
One can only hope that this brave young woman channels all that determination and grit to help her succeed in all her ambitions.
The conservative, atavist, judges appointed by raygun, bush, bush are a dangerous bunch indeed.
What do we expect from people who want to force women to have babies?
This commentary of the book bush tour is hilarious
As far as I am aware, school spirit is the object of cheerleading. Rape boosting doesn’t really seem like a good spirit to promote. How is it that the justices have no idea that there might be some point to the cheerleader’s promoting a spirit a school might benefit from, or in these justices’ opinion is rape an appropriate expression of school spirits?
This is a very delicate subject…it’s not exactly about the rape, but is about freedom of speech rights that happen to surround the topic of a rape.
To dance around issues like “did she press charges” or “was she raped on school grounds” seems to miss the target.
Whether she pressed charges, or felt intimidated into keeping her mouth shut, her rights to freedom of speech remain intact.
So, does freedom of speech include the freedom to remain silent?
IMO, the answer is an obvious “yes”.
Does exercising one’s right to free speech absolve one of the consequences of that speech, even when that speech was prompted by something as terrible as rape?
The Bush family is like a flesh eating virus, with george being the oozing puss.
There’s always…for now…the Supreme Court.
But only if she incorporates herself.
At present, the Supremes are defending the unborn, not the living, tho.
If I remember correctly in the Bong Hits 4 Jesus case , school had been dismissed for the day. Yet the Wiki entry claims the kid was at a school function. I remember reading about this and the kid was on his own time!
Yah, with the conservatives, once you slide down that birth canal you’re on your own
Good morning all.
This is truly a disgusting decision.
And you’re handed a shovel.
I have no idea how a judge isn’t disbarred for this decision
Good morning, pups. It’s Dowd and Friedman today. MoDo is inflicting her brother on us again. In “Kevin Rubs It In” she claims to give us his view from inside the Red Zone: Pelosi should give back her government jet. He’s even more tiresome than his sister. The Moustache of Wisdom, in “Containment Lite,” says there is a lot of buzz about the C-word after visits to Asia by Secretary of State Hillary Clinton and President Obama.
Here they are.
The coffee, tea and hot chocolate are ready, and I’ve got toasted Thomas’ English muffins with your favorite jam. It’s blackberry for me today. Just because I’m feeling particularly mean this morning (it may have something to do with working a full 5-day week for the first time in a month) I’m giving you a linky to and op ed article in the New York Times by [drum roll, please] John Bolton and John Yoo. It’s called Why Rush to Cut Nukes? and they say the Senate should heed the will of the voters and either reject the New Start treaty or amend it so that it doesn’t weaken our national defense. Don’t ask me why the Times has their zombie corpses shambling across its pages… Have as good a day as you can.
One word……………….Texas
Anyone notice what the turnout has been for W’s book tour?
My experience is that rape is perfectly legal in this country.
Rapists are fully protected by the ‘justice’ department unless there is some other reason to prosecute them, like race or poverty. Rich white men get a free pass. I know, my local cops said so. This is a quote, “You can’t be raped, you are married.”
My family feels the same way, blames me, and rejects me for even mentioning it. He is way too nice of a guy, I must be crazy and making it up, or have asked for it and totally deserved it. Or both.
My mom puts it this way, “It’s a man’s world.”
My children, in-laws and sister just refuse to have ANYTHING to do with me. I’m supposed to maintain silence on the issue, it is over and done with. Everyone is “moving on.”
My first thought is why is the alleged perp, (I don’t know all the story history here) still on the sports team and not doing time on a Texas prison team.
The quarterback on your theoretical team would rightly be in jail and the end would be catching passes from the second string squad.
I’m watching cnbc & they just did an item on the cruise ship that got marooned. Apparently a reporter once hung out by the info station on another cruise and listened to the passengers’ Qs, one of which was: Does the skeet shooting take place indoors?
And by the way–it’s “tinker’s dam.” When you say “tinker’s dam,” you’re not even cussing.
Wounded Nation
Oh you mean like you should quit whining and get over it?
That’s basically what they said to the young cheerleader.
” Does the skeet shooting take place indoors?”
Why yes it does, and that’s what started the fire in the engine room!
In Dallas, lined up the day before, was a large crowd (I recall a figure of 3K, may be off), also good turnout of demonstrators against.
I’m sorry to hear about your experience, but I am not surprised.
(((kindGSL)))
Thanks for the info.
It’s not over for you though, and it sounds like a bit of counseling would be in order, and I recommend checking what services your local town’s health clinics offer.
You funny.
Im hearing right now what a huge success it is right now…
The title is a play on the phrase to begin with, Tinker vs. Des Moines was the case that found students have protected speech rights.
Obviously the 5th Circuit didn’t give a “damn”.
Oy. How quickly they forget.
Rather, they damned the cheerleader – for not getting with the program.
Maybe Texas should leave the union, then they could take their governor, their courts and their redneck agenda with them.
But then again we can’t paint all Texans with the same brush now,can we?
let’s take this to it’s natural progression;
criminal rapes girl
criminal plays football game, looks over to see the girl he raped cheering him on
criminal rapes girl again
what that FUCK is wrong with that judge?
can you imagine the snicker in a rapists face, the satisfaction in seeing a victim cheering him on, and even worse, being forced to cheer him on?
that’s double rape
Do you know what TX community has given us this case?
“what that FUCK is wrong with that judge?”
Maybe he raped someone when he was in high school.
Or maybe he felt the girl asked for it, those cheerleaders do wear those short skirts you know./s
Silsbee, TX
Silsbee, Rapist’s paradise…
I see your answer above. Silsbee.
Thanks…I hate not knowing about the small TX towns…didn’t know this one.
Yeah and I live in California and needed surgery to be able to walk again. When I told him what the police said to me, he said, “I know, that is what they told me.”
You see he was clever, he got permission in advance.
When I heard that my best friend not only brutally raped me on purpose, but got everyone involved on his side first, I felt like a great hole opened up and I fell into a pit. We have only been married for 31 years. Women are expendable and we have no rights.
Thank you. It was my own damn fault, I set out to make my religion legal. Nobody wants that, they would rather kill me.
Yeah well as a pot activist, those services have been repeatedly denied. The suicide hotline works, I call them in emergencies.
OK. I’m off. Got up early this morning so getting a head start on today’s chores.
Be well.
Silsbee is in the same part of Texas as Channelview, home of Wanda Holloway, the woman who tried to kill because her daughter was left off the Cheerleading team.
Isn’t silence established law regarding the Pledge of Allegiance? In 4th grade, the tail end of Joe McCarthy times in Wisconsin my parents and teacher allowed me to I sit silently each morning at my desk while others recited the words. In fact, after much discussion with my parents and at their suggestion, I usually thought the words in unison with the class- but substituted “the Constitution” in lieu of “the flag”.
They probably think she is supposed to provide sex to the team as a part of her job, a ‘perk’ she has absolutely no right to complain about. After all if she didn’t want to provide sex to them, why did she try out for cheer leading?
If you look in the bible you will see there is lots of advice to women to “submit” and not one word about protecting them from rape. In the biblical world, being raped is a part of being a woman, and if she doesn’t submit properly there is something evil about her, she is un-biblical.
I assumed if you submit, you won’t get hurt.
What I learned from experience is you can be hurt in a way that will kill you in two or three years and other people, even the gynecologist can’t (won’t) see it. I showed her and she said, “That looks normal.”
I was crushed, if that is ‘normal’, this world sucks. After that my way of getting people to realize how serious it was was to get hysterical. I was hysterical anyway, it didn’t take much. I was in severe pain.
I had surgery over two years ago. Kaiser brought a surgeon in from Africa to sew me back together again. I do believe without the surgery I would be dead by now. I was in a rapid decline.
I have been seriously asking myself what good is our federal government. From my perspective it is doing a lot of harm and very little good.
I’d call it socialization.
You can try getting in touch with these folks, http://www.rainn.org/
The two women on the panel are female versions of Clarence Thomas. Imagine three of them on the Supremes.
Actually, I think as bad as it is this panel’s decision is better than the original court’s “silence isn’t protected speech” rationale. But it’s still pretty bad.
But really, the attitude of the small-minded hicks of this town is far more disturbing than these judges. What kind of bigoted little man would threaten a high school student and kick her off the team for not cheering for her alleged rapist at some stupid game? You sir, are a terrible human being.
That small-minded retrogrades like this presume to lecture the rest of the world on “Christian values” is laughable.