Former Recruit, Deyvid Palepale, Removed from HS Team

Submitted by JayZ1817 on October 11th, 2023 at 3:12 PM

Former Michigan target who took a visit and we received crystal balls for over the summer was removed from his high school team for the post below over the weekend. Palepale eventually committed to USC over Michigan and Penn State in July.

https://lancasteronline.com/sports/highschool/football/shakeup-at-hempfield-plus-breaking-down-more-must-see-week-8-matchups-3-l-l/article_ef39f030-66a0-11ee-95e1-5bfff889d9e7.html

I live in his school district and coach at a nearby district. Hempfield, Palepale's school, had a great season last year with their head coach being named coach of the year. Hempfield is currently 2-5 this season. Many more negative rumors are currently swirling about this situation. One has to wonder what USC's response to this will be.

We constantly remind our players on the team I coach about the power social media can have. It is unfortunate it takes a situation like this to make a point known.

PopeLando

October 11th, 2023 at 3:44 PM ^

You don’t have to respect your boss, but badmouthing your boss in public will get you fired pretty much every time.

More to the point, a football player is almost certain to play for a bad coach at some point in their career. Gotta learn how to keep any gripes inside the locker room 

Cam

October 11th, 2023 at 3:16 PM ^

Kicked off the team for that? Come on. That should be a teaching moment, not a ban that seriously jeopardizes his football future. Ridiculous.

JayZ1817

October 11th, 2023 at 3:21 PM ^

That was my immediate reaction to all of this. However, I have been hearing there are some other issues going on behind the scenes that have not been shared. Just out of respect for the situation, I only wanted to share information that has been reported on by legitimate media members.

Derek

October 11th, 2023 at 4:18 PM ^

You can also file lawsuits for a lot of reasons. I wouldn't be surprised to see one here, where a public school district employee punished a student for protected speech off-campus.

Obviously we're not privy to other details, so maybe this kid also did something that would justify getting kicked off the team. IMO, this doesn't, so we're at logger-heads.

drjaws

October 11th, 2023 at 5:02 PM ^

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I read this a bunch and couldn’t find where griping about your coach online is mentioned. maybe you can show me where?

the amount of people constantly yelling about the 1st amendment on the interwebz, while simultaneously having zero understanding of it, is incredible.

Derek

October 11th, 2023 at 5:32 PM ^

If you don't know that First Amendment law goes way beyond the literal text of the original amendment, which has since been extended by other amendments and by Supreme Court precedent, I don't think you're the right person to accuse others of having zero understanding of the topic.

pescadero

October 12th, 2023 at 10:32 AM ^

Actually - it generally means you can't be fined, suspended, or fired BY THE GOVERNMENT.

 

You work for Microsoft and they want to fire you for campaigning for Debbie Stabenow in your off hours? 100% legal.

You work for the local public school district and they want to fire you for campaigning for Debbie Stabenow in your off hours? 100% a 1st amendment violation.

 

 

Brimley

October 11th, 2023 at 9:10 PM ^

About criticizing coaches and the first amendment...There's the cheerleader who the Supreme Court said couldn't be suspended from the squad for saying "fuck cheer, fuck this school" on social media after not making varsity (link). For the record, I thought it was a bullshit ruling. She wasn't suspended from school, just an extracurricular activity. 

Edit: oops. Jack Be Nimble beat me to it.

Jack Be Nimble

October 11th, 2023 at 5:56 PM ^

In fact, there is a First Amendment test for both this hypothetical situation and Mr. Palepale's current situation. It is called the substantial disruption test or the Tinker test from the case Tinker v. Des Moines Independent Community School District.

The answer to your hypothetical question is no, teachers are permitted to prevent substantial disruptions of their classrooms by restricting student speech along certain lines. I think Mr. Palepale's case is a closer one though.

There is, for instance, an analogous recent Supreme Court case where the Court sided with a cheerleader who got suspended from the JV team after posting some stuff on social media.

https://www.supremecourt.gov/opinions/20pdf/20-255_g3bi.pdf

BlueTimesTwo

October 13th, 2023 at 1:37 PM ^

Yeah, the cheerleader case is pretty instructive in this instance.  If this tweet is the only justification for his suspension, he probably has a good case.  First Amendment law is very complex and, if you read the opinion linked above, it is very fact-specific.  One, if he tweeted it out during non-school hours, then he is less likely to fall under school disciplinary measures.  Also, like the cheerleader, his speech was vulgar-ish, but didn't venture into obscenity, fighting words, etc.  Finally, unpopular speech is specifically protected by the First Amendment, so it takes a pretty compelling interest in overcoming its protection.

With that being said, if this tweet was accompanied by insubordination on the field or in the locker room, then the school has a much stronger case.  Then they can argue that his conduct was occurring when the school had disciplinary responsibilities.  They can also argue that football is a violent contact sport and players that create unnecessary distractions place them and their teammates in danger.