“The job of an actor is to play a role. The job of a cheerleader is to cheer.”
— Eugene Volokh on Doe v. Silsbee Independent School District
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The Doe case, as most of my readers probably know, involves a high school cheerleader in Texas, identified in court papers as “HS,” who was kicked off her squad for refusing to cheer for her alleged rapist. She had accused the player a few months earlier, but he had remained on the school basketball team. It was school tradition for the cheerleading squad to cheer from the sidelines when players attempted foul shots, but HS refused in the case of this player — standing silently with her arms crossed. After a warning, she was removed from the squad. (The player in question pled guilty to an assault charge some time afterward.)
HS sued the school for taking her off the squad, and lost. She appealed, and lost again. Last week her final appeal was rejected.
Eugene Volokh, a constitutional lawyer I respect
