{"id":2466,"date":"2011-09-13T13:40:33","date_gmt":"2011-09-13T17:40:33","guid":{"rendered":"http:\/\/journals.law.harvard.edu\/crcl\/?p=2466"},"modified":"2016-11-16T20:39:22","modified_gmt":"2016-11-17T01:39:22","slug":"supreme-court-wont-review-duty-to-cheer-for-your-rapist","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/crcl\/supreme-court-wont-review-duty-to-cheer-for-your-rapist\/","title":{"rendered":"[Update] Supreme Court Won't Review Duty To Cheer For Your Rapist"},"content":{"rendered":"
\"Rakheem<\/a>
Rakheem Bolton<\/figcaption><\/figure>\n

Originally published May 6, 2011.<\/em> \u00a0The Supreme Court has declined to take the case<\/a> of a Texas high school cheerleader who was kicked off the squad after refusing to cheer for the basketball player whom she alleges raped her. \u00a0The Fifth Circuit ruling not only upheld the school’s right to punish her for refusing to cheer, but dismissed her suit as frivolous<\/a>, requiring her family to cover the school’s legal fees. \u00a0The victim, who was 16 at the time, was allegedly raped at a party by Rakheem Bolton<\/a>, one of her high school’s star athletes. \u00a0Though Bolton was arrested, he plead guilty to a misdemeanor assault, was sentenced to probation and community service, and was back on the basketball team.<\/p>\n

When Bolton stepped up to take a free throw, the victim, known as H.S., crossed her arms and refused to participate while the team cheered his name. \u00a0School officials ordered H.S. to participate in the cheers, and when she continued to refuse, she was kicked off the cheerleading team.<\/p>\n

Not only does this case represent a tragedy of criminal justice, with Bolton pleading guilty to an assault but not a felony and without serving a day in jail due in part to the backlog of DNA testing of rape kits, the civil suit is a gross perversion of the victim’s right to free speech<\/a>. \u00a0H.S. was not on the sideline screaming obscenities at her rapist while he tried to take a free throw (which would be totally understandable). \u00a0She was simply standing quietly refusing to cheer for him. \u00a0She did not interfere with the basketball team or any other cheerleaders. \u00a0She simply stood there.<\/p>\n

Yet, the Supreme Court declined to take the case and correct the Fifth Circuit’s assertion that H.S. was a “mouthpiece” for the school to “disseminate speech,” and that her “act constituted substantial interference with the work of the school.” \u00a0 The highest court in the land couldn’t get four justices to vote to even hear the argument for why it might actually be reasonable to punish rapists and not victims.<\/p>\n

Update 9\/13\/2011: After being ordered to pay $39,000 in court costs for filing four frivolous claims, the plaintiff in this case won a small victory when the 5th Circuit has now overturned the finding of frivolity<\/a> on the plaintiff’s free speech claim. \u00a0Three other arguments based on denial of liberty, property, and equal protection and due process violations were upheld as frivolous, and the case was sent back down for a new determination of costs. \u00a0Filing this case will likely eventually cost the girl and her family tens of thousands of dollars. \u00a0She is now 19 and has graduated from high school.<\/p>\n

You can sign a petition to encourage the district to drop the claim for legal fees here<\/a>. \u00a0You can donate to help the family pay the legal fees here<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Supreme Court has declined to take the case of a Texas high school cheerleader who was kicked off the squad after refusing to cheer for the basketball player whom she alleges raped her. The Fifth Circuit ruling not only upheld the school’s right to punish her for refusing to cheer, but dismissed her suit as frivolous, requiring her family to cover the school’s legal fees. 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