Question

New Mexico High School is a public high school. Dyson Stevens, a senior at the high school, is point guard for the basketball team; Pauline Williams is a cheerleader. Last year, Pauline called the police, and claimed that she had been sexually assaulted by Dyson. She told the police that she and Dyson were at the same party, but not together. He cornered her in the bathroom, groped her, and began ripping her clothes off when someone came into the bathroom; Dyson fled. Dyson denied the charge, and said that they were initiating consensual sexual contact when they were interrupted. No charges were brought against Dyson.

A problem arose during the first basketball game of the season this year. Dyson had been fouled, and was at the free throw line. As was the custom, the cheerleaders were yelling him on, except for Pauline. She stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms. Dyson took his shots, making the first one and missing the second.

Immediately afterwards, the basketball coach talked with the cheerleading coach, who then talked with Pauline. Pauline said that she was not going to cheer for someone who had tried to rape her. The coach said that she had to cheer for all of the players.

A few minutes later, Dyson was again fouled, the scene described above repeated itself; while Dyson took his free throw shots, Pauline stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms.

Again, the cheerleading coach, this time joined by the high school principal, talked with Pauline. Again, she said that was not going to cheer for someone who tried to rape her. Again, the coach said that she had to cheer for all of the players. The principal then told her that unless she was going to cheer for all the players, including Dyson, she had no place on the cheerleading squad. She repeated that she would not cheer for Dyson. The coach then told her that she was cut from the team.

Pauline has now gone to meet with some lawyers, asking whether she can be cut from the high school cheerleading squad for refusing to cheer under the circumstance.

1. Identify the legal issue

2. Identify both sides of the legal issue; remember, each and every legal issue is seen/argued differently depending on what side of the issue you are on. Here you need to argue all sides of the issue.

3.Analyze both sides of the issue based on the legal precedent provided

Answer 1

answer-

1. Identify the legal issue-

the legal issue is here is that pauline has been removed from her cheerleading team against her will. she has all rights in the law that can or can not cheer according to his will. principal & coach can not remove her unless she did something illegal which she did not.it was the violation of paulines First Amendment rights prohibiting the free exercise or speech.

2-Identify both sides of the legal issue; remember, each and every legal issue is seen/argued differently depending on what side of the issue you are on. Here you need to argue all sides of the issues

if we see from the side of pauline then, Dyson Stevens, a senior at the high school tried to rape her which was a very emotional & physical attack on pauline as it would definetly left a trauma on her when she see his face in the game. also she can not cheer someone like him because it is ethically wrong.so she should be on chearleading team as she did not do anything wrong.

if we see from the side of school, then there is no legal issues which principal & coach can put on her as she does not do anything. she just not cheer the dyson so her cheer is not something which would impact the game of dyson.the principle of highscool involved in the violation of fisrt amendment righst of US citizens like pauline.

3.Analyze both sides of the issue based on the legal precedent provided.

after analyzing the case, there are so many previous cases which involved the legal issues in which high school & colleges prohibits the activities of students without any legal reason as it is the violation of thier First Amendment rights.

just like the case of uthah cheerleader where  A lawsuit has been filed against the Cache County School District in behalf of a former Mountain Crest High School cheerleader who alleges she and her teammates were discriminated against when they were kicked off the squad for singing lyrics to a song containing profanity.

On March 15, a MCHS cheerleader uploaded a video of herself and her teammates listening to her car stereo and singing rap artist Big Sean's "I.D.F.W.U.", court documents state.

The 8-second video showed the girl and her friends singing the lyrics, "I don't f*** with you, you stupid a** b****, I ain't f***ing with you."ow she claims her First Amendment rights were violated, and that she was discriminated against, after she was disciplined by way of removal from the cheer squad.

if we see above utha case, so they just sang song which has abusive language & they got removed from the team but pauline did not do anything which can be a cause to remove her from cheer leading team.

*hope above answer would help you.good luck & rate.