UpNorthLive.com: A Texas high school cheerleader who was kicked off her squad for not cheering for a basketball player she accused of trying to rape her lost her free speech case before the U.S. Fifth Circuit Court of Appeals. The appellate court found the cheerleader (identified in court recrods as H.S. since she is a minor) had actually violated the speech rights of Silsbee High School by not performing her cheerleading duties.