My God, you are an idiot.

[Sidd Finch]

Originally Posted by Hank Chinaski

I think it's the mirror image of why we want to see pix of RT's car?

You have a weird mirror.

[LessinSF]

Interesting parsing of language and emerging information to examine when Bin Laden was shot - http://blogs.villagevoice.com/runnin...cuted_raid.php .

Regardless, Brennan should be fired.

[Tyrone Slothrop]

Ah, the majesty of the law:

The Supreme Court this week refused to hear the case of a teenage girl who was kicked off her cheerleading team after refusing to cheer for the boy who sexually assaulted her.

As a result, she now owes the school $45,000 in legal fees.

The girl, known only as MS, accused a fellow student of raping her at a party. He plead guilty to a misdemeanor charge to avoid jail time and was allowed to return to school and the basketball team.

She continued to cheer for the team during games, but refused to shout the boy's name or clap for him when he shot free throws. When the superintendent discovered what she was doing, she was kicked off the team.

She sued the Texas school, arguing that her free speech rights had been violated, but two courts ruled that as a cheerleader she speaks for the school, not herself, and did not have the right to refuse.

A federal appeals court upheld the ruling and ordered her to pay court costs for filing a "frivolous" lawsuit.

[Sidd Finch]

Originally Posted by Tyrone Slothrop

Ah, the majesty of the law:

Seriously -- "frivolous"?

[LessinSF]

Originally Posted by LessinSF

Interesting parsing of language and emerging information to examine when Bin Laden was shot - http://blogs.villagevoice.com/runnin...cuted_raid.php .

Regardless, Brennan should be fired.

[Atticus Grinch]

Originally Posted by Sidd Finch

Seriously -- "frivolous"?

I doubt I would have gone so far as to say frivolous, but the rest of the outcome was the correct result under SCOTUS authority. What you say or do while in a school uniform at a school-sponsored event is the school's own speech. If it's turned into an occasion for individual speech, the school can tell you to take off that uniform and find an audience that hasn't been assembled for the purpose of a basketball game.

Trust me, if the case had gone differently, none of us would ever go to a child's public school event involving a microphone ever again. I feel bad that this girl was raped, or even if she just believes she was, but I don't allow that feeling to translate into a massive shift in an already untenable First Amendment jurisprudence relating to schools.

ETA The District defensed the whole case and defended on appeal for $45K? {Golf clap}

[LessinSF]

Originally Posted by LessinSF

Interesting parsing of language and emerging information to examine when Bin Laden was shot - http://blogs.villagevoice.com/runnin...cuted_raid.php .

Regardless, Brennan should be fired.

And fired again. I have no problems with the shootings, but Obama and his administration's original reports are looking more and more like intentional disinformation. http://www.msnbc.msn.com/id/42906279...h_of_bin_laden . If they didn't yet know the facts, then say so. If they did know, this is an embarrassing childish effort to spin propaganda that is going to backfire. Stupid, stupid, either way.

[Hank Chinaski]

Originally Posted by LessinSF

And fired again. I have no problems with the shootings, but Obama and his administration's original reports are looking more and more like intentional disinformation. http://www.msnbc.msn.com/id/42906279...h_of_bin_laden . If they didn't yet know the facts, then say so. If they did know, this is an embarrassing childish effort to spin propaganda that is going to backfire. Stupid, stupid, either way.

at least they didn't water board him. i think this is one of those times where Ty takes a week off from posting.

[Sidd Finch]

Originally Posted by Atticus Grinch

I doubt I would have gone so far as to say frivolous, but the rest of the outcome was the correct result under SCOTUS authority. What you say or do while in a school uniform at a school-sponsored event is the school's own speech. If it's turned into an occasion for individual speech, the school can tell you to take off that uniform and find an audience that hasn't been assembled for the purpose of a basketball game.

Trust me, if the case had gone differently, none of us would ever go to a child's public school event involving a microphone ever again. I feel bad that this girl was raped, or even if she just believes she was, but I don't allow that feeling to translate into a massive shift in an already untenable First Amendment jurisprudence relating to schools.

ETA The District defensed the whole case and defended on appeal for $45K? {Golf clap}

Yes, but -- frivolous? No good faith argument for an extension or change to the law?


eta: It's nice to know that you feel bad she was raped. Anyone ever tell you that everything that's said before "but" doesn't really matter?

[Sidd Finch]

Originally Posted by LessinSF

And fired again. I have no problems with the shootings, but Obama and his administration's original reports are looking more and more like intentional disinformation. http://www.msnbc.msn.com/id/42906279...h_of_bin_laden . If they didn't yet know the facts, then say so. If they did know, this is an embarrassing childish effort to spin propaganda that is going to backfire. Stupid, stupid, either way.

Yes, pretty stupid. You say "the details are still coming out, but right now our main concern is to ensure that we take advantage of the intelligence that was gathered during the raid." Or, "the details are still coming out, but we are pleased that none of our brave soldiers were harmed in the operation." Or, "the details are still coming out. Who wants to drink a shot of whiskey and go look at strippers to celebrate???"

After a few days, virtually no one will give a shit about the details.

[Tyrone Slothrop]

Good news, Sebby! According to the FT:

The era of widespread offshoring of manufacturing from the US to China is coming to an end, according to a study that forecasts a renaissance for American production industries over the next five years.

The report by the Boston Consulting Group (BCG) forecasts that, by 2015 – on the back of good productivity growth and relatively low wages – the US is likely to be slightly ahead of China as a base for making many of the goods destined for sale in North America.

[Atticus Grinch]

Originally Posted by Sidd Finch

Yes, but -- frivolous? No good faith argument for an extension or change to the law?


eta: It's nice to know that you feel bad she was raped. Anyone ever tell you that everything that's said before "but" doesn't really matter?

No, I'm agreeing with you about the frivolousness part. Haven't read the Court of Appeals so I don't know if they say something convincing on that point or not. I do know if I were counsel to the school I would consider the PR consequences of attempting to collect.

As for the "I feel bad she was raped" part, the problem is that I do, and so do you, and so does everybody. I guess the question is what to do with that feeling. It justifies a damages award against the school no better than it justifies an award against you -- it's irrelevant, but the sheer brutality of "it's irrelevant" doesn't play well with laypeople. We're paid to make brutal assessments of whether two things are logically connected, or not. It's sad I felt the need to preempt the "you're a heartless sack of shit" argument on a board with other lawyers, but I do.

[Cletus Miller]

Originally Posted by Atticus Grinch

It's sad I felt the need to preempt the "you're a heartless sack of shit" argument on a board with other lawyers, but I do.

Aren't we the group most likely to default to that argument?

[Sidd Finch]

Originally Posted by Atticus Grinch

No, I'm agreeing with you about the frivolousness part. Haven't read the Court of Appeals so I don't know if they say something convincing on that point or not. I do know if I were counsel to the school I would consider the PR consequences of attempting to collect.

As for the "I feel bad she was raped" part, the problem is that I do, and so do you, and so does everybody. I guess the question is what to do with that feeling. It justifies a damages award against the school no better than it justifies an award against you -- it's irrelevant, but the sheer brutality of "it's irrelevant" doesn't play well with laypeople. We're paid to make brutal assessments of whether two things are logically connected, or not. It's sad I felt the need to preempt the "you're a heartless sack of shit" argument on a board with other lawyers, but I do.

"I feel bad she was raped" justified using the court's discretion to not impose extraordinary sanctions.

[Greedy,Greedy,Greedy]

Originally Posted by Atticus Grinch

I doubt I would have gone so far as to say frivolous, but the rest of the outcome was the correct result under SCOTUS authority. What you say or do while in a school uniform at a school-sponsored event is the school's own speech. If it's turned into an occasion for individual speech, the school can tell you to take off that uniform and find an audience that hasn't been assembled for the purpose of a basketball game.

Trust me, if the case had gone differently, none of us would ever go to a child's public school event involving a microphone ever again. I feel bad that this girl was raped, or even if she just believes she was, but I don't allow that feeling to translate into a massive shift in an already untenable First Amendment jurisprudence relating to schools.

ETA The District defensed the whole case and defended on appeal for $45K? {Golf clap}

Regardless of the case outcome, the school administration qualifies as assholes.

So some kid pled to a misdeamnor assault charge and they're letting him play? Kick the criminal off the b-ball team.