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swinewho
Joined: 17 Aug 2009
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Zackback
Joined: 05 Nov 2010
Location: Kyungbuk
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 Posted: Thu May 05, 2011 10:06 pm Post subject: |
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He was on the team and she knew this. If she doesn't want to cheer then quit being a cheerleader.
A CHEERleader......imagine a bat boy he refuses to get the bats or a water boy who won't get the water. |
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RMNC
Joined: 21 Jul 2010
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| Posted: Thu May 05, 2011 11:31 pm Post subject: |
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| It's the right call though. The football player was found innocent, and since he was, she has no legal precedent to say that he is harassing or endangering her. If she was to win the case it'd be an unbelievably slippery slope for free speech endangerment. |
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northway
Joined: 05 Jul 2010
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| Posted: Thu May 05, 2011 11:58 pm Post subject: |
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| RMNC wrote: |
| It's the right call though. The football player was found innocent, and since he was, she has no legal precedent to say that he is harassing or endangering her. If she was to win the case it'd be an unbelievably slippery slope for free speech endangerment. |
Eh, while I don't disagree with what you're saying, I'm not sure that I would qualify this as a frivolous lawsuit in the grand scheme of American lawsuits. I don't think she should have to pay the $45,000. |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Fri May 06, 2011 1:44 am Post subject: |
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| In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team. |
We was convicted of assault on her. I see no reason why she should be forced to cheer for him. I would hope that the coaches would ask her to possibly sit out at those times. |
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northway
Joined: 05 Jul 2010
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| Posted: Fri May 06, 2011 5:11 am Post subject: |
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| Captain Corea wrote: |
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| In court, Bolton pleaded guilty to the misdemeanour assault of HS. He received two years of probation, community service, a fine and was required to take anger-management classes. The charge of rape was dropped, leaving him free to return to school and take up his place on the basketball team. |
We was convicted of assault on her. I see no reason why she should be forced to cheer for him. I would hope that the coaches would ask her to possibly sit out at those times. |
Yeah, this is the other thing: given how sports crazed the area is, it's pretty easy to see the DA letting things slide a bit and the girl feeling community pressure to go along with it. |
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RMNC
Joined: 21 Jul 2010
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| Posted: Fri May 06, 2011 5:21 am Post subject: |
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But the thing about the article is that he was innocent of the rape charge, she didn't cheer for him, got kicked off the team, sued the school and get slapped with the bill because the judge decided they were doing it out of spite for the court's decision. The law states that unless his presence is endagering or harassing, which it's not according to the court, then he has every right to be on the basketball team and she has every right to cheer or choose to not cheer and get kicked off. Essentially, it's still a matter of voluntary action on her part to be on the squad.
The problem was that the family argued this from a perspective of her being endangered by his presence and intimidation, which was stupid. They should have argued it as a free speech case, flat-out.
edit: Or better yet, sued the basketball player in a civil court.
Last edited by RMNC on Fri May 06, 2011 5:25 am; edited 1 time in total |
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DorkothyParker
Joined: 11 Apr 2009
Location: Jeju
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| Posted: Fri May 06, 2011 5:21 am Post subject: |
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| HS and her parents instructed lawyers to pursue a compensation claim against the principal and the School District in early 2009. Their lawsuit argued that HS's right to exercise free expression had been violated when she was instructed to applaud her attacker. |
This is the problem. She should be kicked off the team if she won't cheer. Her family should not have pursued a frivolous lawsuit. Also they are idiots for thinking it's a big deal in the first place. It's HS cheerleading!
Whether or not the guy is a rapist is really irrelevant to this particular case, I think. |
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Hyeon Een
Joined: 24 Jun 2005
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| Posted: Fri May 06, 2011 10:37 am Post subject: |
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| DorkothyParker wrote: |
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| HS and her parents instructed lawyers to pursue a compensation claim against the principal and the School District in early 2009. Their lawsuit argued that HS's right to exercise free expression had been violated when she was instructed to applaud her attacker. |
This is the problem. She should be kicked off the team if she won't cheer. Her family should not have pursued a frivolous lawsuit. Also they are idiots for thinking it's a big deal in the first place. It's HS cheerleading!
Whether or not the guy is a rapist is really irrelevant to this particular case, I think. |
Chicky babe rape victim might disagree. |
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bucheon bum
Joined: 16 Jan 2003
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| Posted: Fri May 06, 2011 11:24 am Post subject: |
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| Hyeon Een wrote: |
| DorkothyParker wrote: |
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| HS and her parents instructed lawyers to pursue a compensation claim against the principal and the School District in early 2009. Their lawsuit argued that HS's right to exercise free expression had been violated when she was instructed to applaud her attacker. |
This is the problem. She should be kicked off the team if she won't cheer. Her family should not have pursued a frivolous lawsuit. Also they are idiots for thinking it's a big deal in the first place. It's HS cheerleading!
Whether or not the guy is a rapist is really irrelevant to this particular case, I think. |
Chicky babe rape victim might disagree. |
While i think the lawsuit is dumb and was appropriately thrown out, the school was really callous in its treatment of the cheerleader. What a bunch of insensitve a-holes. |
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Hyeon Een
Joined: 24 Jun 2005
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| Posted: Fri May 06, 2011 11:46 am Post subject: |
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| bucheon bum wrote: |
| Hyeon Een wrote: |
| DorkothyParker wrote: |
| Quote: |
| HS and her parents instructed lawyers to pursue a compensation claim against the principal and the School District in early 2009. Their lawsuit argued that HS's right to exercise free expression had been violated when she was instructed to applaud her attacker. |
This is the problem. She should be kicked off the team if she won't cheer. Her family should not have pursued a frivolous lawsuit. Also they are idiots for thinking it's a big deal in the first place. It's HS cheerleading!
Whether or not the guy is a rapist is really irrelevant to this particular case, I think. |
Chicky babe rape victim might disagree. |
While i think the lawsuit is dumb and was appropriately thrown out, the school was really callous in its treatment of the cheerleader. What a bunch of insensitve a-holes. |
That's what I meant ^^ |
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RMNC
Joined: 21 Jul 2010
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| Posted: Fri May 06, 2011 2:43 pm Post subject: |
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| In the case he had already pleaded guilty to the battery charge instead of going not guilty to the rape charge, so in the eyes of the law he's already been tried for everything he needed to be. What else do you want? |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Fri May 06, 2011 3:52 pm Post subject: |
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| ^^ For her to be allowed to sit out and not cheer for him. Sheesh. He was still convicted of assault against her. That, in and of itself, is enough to allow her to not cheer the jackhole on. |
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DorkothyParker
Joined: 11 Apr 2009
Location: Jeju
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| Posted: Fri May 06, 2011 4:32 pm Post subject: |
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| He was convicted of assault? Really he shouldn't be allowed to play, but that's another matter. |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Fri May 06, 2011 5:17 pm Post subject: |
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| Yeah he plead guilty, rather than risk a non-guilty plea to rape not working out. The school should have been far more understanding. |
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