In 2010, Clement joined Judges Garza and Owen in affirming the dismissal of the complaint in Doe v. Silsbee Independent School District. The plaintiff ("H.S.") was a cheerleader who was ordered by her high school to cheer for her sexual assaulter, a basketball player named Rakheem Bolton. H.S. refused and was kicked off the team. She sued, claiming a violation of her First Amendment right to free speech. The Eastern District of Texas, Judge Thad Heartfield, granted the school district's motion to dismiss, and Judges Clement, Garza, and Owen affirmed. H.S. was ordered to pay the school $45,000 in legal fees for filing a "frivolous" lawsuit.
