before the supreme court. from an attorney for a high school cheerleader reportedly kicked off the team after refusing to cheer for an athlete they accused of rape. this is not a rape case. it comes down to freedom of speech, the first amendment, and the case began in the east texas town and the girl's family say she had the ability not to chant, but the school said she is a mouth piece of the school and is saying she should pay the school's lawsuit costs. and now a former prosecutor and criminal defense attorney. doug, this case should never have been in any court of law anywhere, should it? >> much as i am for full lawyer