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Girl, 17, sues officials who found nude pics on her phone...gets $33K.
MSNBC ^ | Tuesday, September 21st 2010 | John Springer TODAYshow.com contributor

Posted on 09/21/2010 12:04:09 PM PDT by Inappropriate Laughter

A Pennsylvania teen who stored intimate photos of herself on her cell phone — but never e-mailed or shared them with anyone other than her longtime boyfriend — settled her federal privacy case against high school officials who had seized the phone without a warrant and turned it over to prosecutors.

Still unsettled, however, is the question of how far educators can go when it comes to fulfilling their obligation to keep sexually explicit images, audio and text from reaching the eyes and ears of minors while on school grounds.

"I hope this settlement will lead school officials in the future to consider whether they have valid grounds to search students' private text messages, emails and photos," the teen, now 19, said in a statement released by the American Civil Liberties Union of Pennsylvania.

SNIP

...the local district attorney's office mounted an investigation. In the lawsuit, the ACLU claimed that a prosecutor threatened to file charges against the teen if she didn't attend a special class. Instead, N.N. sued everyone involved — including a district attorney’s office investigator who she claimed made the comment that if she had waited a few months until her 18th birthday, Playboy would have published the photos.

(Excerpt) Read more at today.msnbc.msn.com ...


TOPICS: Crime/Corruption
KEYWORDS: cellphones; codeofsilence; cultureofcorruption; pornification; privacyrights; sexting; thebiggestgangintown; thugwithabadge; unlawfulsearch
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1 posted on 09/21/2010 12:04:13 PM PDT by Inappropriate Laughter
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To: Inappropriate Laughter

33,000?? 33,000 American??? Ok,, i just put a picture of me in my phone. Naked as a jaybird... come and get me coppers, i need the cash!


2 posted on 09/21/2010 12:06:42 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Inappropriate Laughter
"....when it comes to fulfilling their obligation to keep sexually explicit images, audio and text from reaching the eyes and ears of minors while on school grounds."

Who the hell are they trying to kid here? They think it's perfectly OK to 'educate' these same teens about 'alternative lifestyle sex'.

3 posted on 09/21/2010 12:08:27 PM PDT by moehoward
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To: Inappropriate Laughter

I bet the geezers really enjoyed the free porn.


4 posted on 09/21/2010 12:08:27 PM PDT by Wolfie
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To: Blue Jays
Comical story about her "longtime boyfriend" and she is only seventeen years of age!
5 posted on 09/21/2010 12:09:02 PM PDT by Blue Jays (Rock Hard, Ride Free)
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To: Inappropriate Laughter

SO why was her phone seized in the first place??


6 posted on 09/21/2010 12:09:07 PM PDT by Oldpuppymax
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To: DesertRhino

Oh, I don’t know. If your 17 year daughter foolishly put nude pix of herself on her cell phone, and a 40 something-year old local prosecutor got his jollies looking at them, you might feel differently. And, yes, surprisingly, 17 year olds do the dumbest things!!
It’ll be interesting to see how this thread develops.....


7 posted on 09/21/2010 12:10:07 PM PDT by JoeFromCA
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To: Inappropriate Laughter
I am confused... shouldn't she be in jail for being in possession of and distributing child pornography?
8 posted on 09/21/2010 12:10:23 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: moehoward

One thing’s for sure, that’s a ballsy family. Most people would turn turtle. The defendants in the suits were probably aghast that someone wasn’t just rolling over.


9 posted on 09/21/2010 12:10:35 PM PDT by Wolfie
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To: Oldpuppymax

Exactly.

Even here the schools have a policy that they will seize a cel phone from a student and not return it until the end of the school year.

Somehow I doubt that is legal, but it’s the policy.


10 posted on 09/21/2010 12:10:55 PM PDT by Blueflag (Res ipsa loquitur)
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To: DesertRhino

Her parents must be proud of their little skank of a daughter.


11 posted on 09/21/2010 12:11:35 PM PDT by derllak
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To: TexasFreeper2009

Above the age of consent.


12 posted on 09/21/2010 12:11:38 PM PDT by Blueflag (Res ipsa loquitur)
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To: Oldpuppymax

I agree with you on that. And if a kid uses a cell, i can see confiscating it till the day ends. Thats fairly common. But how the heck does that give the school the right to search the contents? A cop on the street can’t search the content of a phone without a warrant,, but a school can??

hmmmmm


13 posted on 09/21/2010 12:12:17 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Inappropriate Laughter

I never understood this. Naked (non-sex) photo’s of minors are not illegal even online (I kind of wish they were) so why would they be illegal on a phone?


14 posted on 09/21/2010 12:13:06 PM PDT by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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To: JoeFromCA

Ohhhh,,, i agree with you wholeheartedly!! I’m just saying that i hope they look through the content on my phone too without a search warrant.


15 posted on 09/21/2010 12:14:49 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: JoeFromCA

Ohhhh,,, i agree with you wholeheartedly!! I’m just saying that i hope they look through the content on my phone too without a search warrant.


16 posted on 09/21/2010 12:14:56 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Blueflag

I wasn’t aware that 17 year olds could pose for nude photos.


17 posted on 09/21/2010 12:15:02 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: GeronL
Naked (non-sex) photo’s of minors are not illegal even online

Don't go testing that theory.

18 posted on 09/21/2010 12:16:41 PM PDT by ClearCase_guy (Things will change after the revolution, but not before.)
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To: GeronL

I have no idea where you live but I can guarantee you that here in Texas if you print photos of nake children online or anywhere the cops will be kicking in your door ASAP.


19 posted on 09/21/2010 12:16:41 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: TexasFreeper2009

Varies by state. 16 here in Georgia.

You’d think it was 18 or 21, but no.

Even lower for anonymous, no parental consent abortions (14 I believe)


20 posted on 09/21/2010 12:17:16 PM PDT by Blueflag (Res ipsa loquitur)
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To: Inappropriate Laughter
In relative terms, all of this just seems silly.

When Federal Courts have twice (2x) decided that a 13 year old girl is capable about making a decision about abortion and needs no parental involvement at all.......

- how can nude pictures by a 17 year old be of any significance?

- how can sex or prostitution be of any significance?

once you've decided that 13 year olds are perfectly free to make life or death decisions, how does any of this other stuff seem anything but trivial?

(half-hearted, sad sarcasm - OFF)

21 posted on 09/21/2010 12:17:29 PM PDT by I cannot think of a name
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To: Blue Jays
her longtime boyfriend For cryin' out loud,exactly how long is "longtime" in this story? She is ONLY 17?
22 posted on 09/21/2010 12:18:40 PM PDT by ColdOne (November and Beyond! Do not vote for Obama Republicans! :^)))
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To: TexasFreeper2009
"I am confused... shouldn't she be in jail for being in possession of and distributing child pornography?"

Yes you are. Read the article. She didn't distribute anything, the school and district attorney distributed the photos to far more people than she did. Using your logic, they should be in jail, not her.

23 posted on 09/21/2010 12:21:52 PM PDT by monday
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To: ColdOne

Har - remember being 17? It was “I’ll love you forever!” Having said that, I hope the govmint officials are charged with viewing kiddie porn and this kid is left alone.


24 posted on 09/21/2010 12:22:48 PM PDT by Senator Pardek
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To: DesertRhino
I agree with you on that. And if a kid uses a cell, i can see confiscating it till the day ends. Thats fairly common. But how the heck does that give the school the right to search the contents? A cop on the street can’t search the content of a phone without a warrant,, but a school can??

And there-in lies the problem. It's an invasion of personal privacy and an unconstitutional seizure of personal property, regardless of the school board's "policy".

The problem is (IMO) that too many parents are willing to let the school system become the proxy-parent and will happily roll over for any and all of this just so they can abdicate their personal responsibility as that parent.

It's sick, twisted and exactly what the Federal School System wants.....your children.

In the process, they'll deny those children and parents any and all the rights that they can in "the interest of the children". Sick & twisted.

25 posted on 09/21/2010 12:22:54 PM PDT by paulcissa (The first requirement of Liberalism is to stand on your head and tell the world they're upside down)
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To: JoeFromCA

>>>> And, yes, surprisingly, 17 year olds do the dumbest things!!

Not just 17 yr olds. Middle-aged people can have the darndest things on their phones. Often, what has been seen can not be un-seen. Worked for a cell phone retailer in customer service and have seen way too much when customs would say “tell me how to send this picture...” while showing you the picture. My mind can not be cleansed of some of the things I’ve seen.


26 posted on 09/21/2010 12:22:57 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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customs= customers...


27 posted on 09/21/2010 12:24:07 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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To: Inappropriate Laughter

Good for her. I’m in favor of the school confiscating the phone for a day or a week but they’ve got no grounds for doing anything with it but having her turn it off first.


28 posted on 09/21/2010 12:24:45 PM PDT by heartwood
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To: Wolfie

The title says “nude” the article says “intimate”. I know these kids are sharing swimsuit and underwear pics all over the place, youtube, facebook etc. So I don’t know just how troubling these images really are. But she is a few months before her 18th B-day. Whoever promoted this intrusion was just asking for it.

I like that they told the ACLU to shove it too!


29 posted on 09/21/2010 12:25:35 PM PDT by moehoward
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To: I cannot think of a name

Planned Parenthood has a “don’t ask, don’t tell” policy when it comes to inquiries as to how a 13-year old can afford to pay for an abortion.


30 posted on 09/21/2010 12:28:09 PM PDT by a fool in paradise (Ask yourself,where does Saudi Arabia fit on a scale of "passive" to "moderate" to "extremist" Islam?)
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To: monday
She admits sending the photos to her boyfriend.

If she had been 5 years old would it have been ok? what if the photos had shown her in sex acts with herself? if the boyfriend and her had broken up could he have posted the photos online?

31 posted on 09/21/2010 12:28:09 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: heartwood
so if the girl was caught cheating using the phone... the school couldn't look through the phone to find the cheat sheets?
32 posted on 09/21/2010 12:29:26 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: Senator Pardek
Har - remember being 17? It was “I’ll love you forever!” I remember, although you would think the "adults" knew better? Then again?
33 posted on 09/21/2010 12:29:44 PM PDT by ColdOne (November and Beyond! Do not vote for Obama Republicans! :^)))
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To: Keith in Iowa
Worked for a cell phone retailer in customer service and have seen way too much when customs would say “tell me how to send this picture...” while showing you the picture. My mind can not be cleansed of some of the things I’ve seen.

I don't have a cellphone, may never have one (but the rest of society is frowning on pay phones, hotel lobby phones, etc)... but if I do, I'll be sure to use Helen Thomas' miserable mug as the "can you help me with this" picture for any customer service inquiries.

34 posted on 09/21/2010 12:30:35 PM PDT by a fool in paradise (Ask yourself,where does Saudi Arabia fit on a scale of "passive" to "moderate" to "extremist" Islam?)
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To: monday

using your logic child pornography can never be prosecuted because the prosecutor, police, judge and jury would never be able to view the photos.


35 posted on 09/21/2010 12:31:26 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: TexasFreeper2009; All

If she admitted to sending photos to the boyfriend, was his phone also searched for incriminating evidence?


36 posted on 09/21/2010 12:31:57 PM PDT by a fool in paradise (Ask yourself,where does Saudi Arabia fit on a scale of "passive" to "moderate" to "extremist" Islam?)
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To: DesertRhino
“Ok,, i just put a picture of me in my phone. Naked as a jaybird... come and get me coppers, i need the cash!”

Unless you are a 17 year old girl, the coppers don't want to look at you naked.

37 posted on 09/21/2010 12:38:05 PM PDT by monday
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To: a fool in paradise

she didn’t send photos to her boyfriend, she just showed them to him on her phone. she didn’t send them to anyone.


38 posted on 09/21/2010 12:39:51 PM PDT by monday
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To: TexasFreeper2009
if you print photos of nake children online

What are "nake" children?

What do you mean by "print" online?

39 posted on 09/21/2010 12:41:58 PM PDT by humblegunner (Pablo is very wily)
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To: moehoward

“when it comes to fulfilling their obligation to keep sexually explicit images, audio and text from reaching the eyes and ears of minors while on school grounds”

The only areas where they have such a responsibility is in (1)official academic materials THEY present to students, (2)”private” materials anyone on their staff (negligently) presents to students, (3)actions/behavior of anyone on the school staff that constitutes “presentation” of “sexually explicit images, audio or text”, (4)sanctioned use of any school property or facility for any of the aforementioned actions, (5)sanctioned presentation on campus of an officially invited guest who “presents” any of the aforementioned materials or action/behavior.

But, material that is privately contained on a personal communication device and intended by that device’s owner for “sharing” only with those whom that owner chooses, does NOT constitute material that comes under a school’s “obligation” to control.

Now, if that same owner of the cell phone took it upon themselves to make printed copies of the images on the cell phone, to bring those printed images to school and make distribution of them on campus; that the school would be obligated to control and to prohibit - the student would have taken their private material public, on campus.


40 posted on 09/21/2010 12:42:07 PM PDT by Wuli
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To: TexasFreeper2009

In this case the school and prosecutor violated her far more than anything she did to herself. How about we just prosecute people who take advantage of underage girls instead of prosecuting underage girls? Does that make too much sense for you?


41 posted on 09/21/2010 12:44:22 PM PDT by monday
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To: Blueflag

Same here and even one of my friends kids had his phone taken. However, when their attorny sent a letter explaining to the school district that seziure of private property makes them liable not only for the cost of the phone but for the cost of the service as well and that he would be happy to notify their counsel as to the location of the lawsuit but needed to know their address, they sent the phone home with the boy the next day.


42 posted on 09/21/2010 12:45:18 PM PDT by taxcontrol
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To: DesertRhino
And if a kid uses a cell, i can see confiscating it till the day ends. Thats fairly common. But how the heck does that give the school the right to search the contents? A cop on the street can’t search the content of a phone without a warrant,, but a school can??

Technology is raising all kinds of interesting legal questions.

Does a school have the right to tell a student that pornography electronically stored on a phone or laptop is prohibited? I don't think that anyone would have an issue with a school prohibiting a student from bringing in a pornographic magazine in a backpack. Same principle.

Actually, your second question is exactly backwards in its assumption. Law enforcement has the most restrictions, not the least, in their abilities to perform searches. Because of their potential for abuse of civil liberties and their training, the courts give law enforcement personnel very strict search requirements. Employers (and I assume by analogy, school officials) have leeway in searches that law enforcement personnel would never be given.

43 posted on 09/21/2010 12:46:00 PM PDT by CommerceComet
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To: Inappropriate Laughter

She should have claimed to being a lesbian.

Then she would have made 33 million.

And laid a strong foundation for future DNC political aspirations.


44 posted on 09/21/2010 12:48:24 PM PDT by NoLibZone (Communities fight the construction projects: Walmarts, Starbucks and even tree removal.)
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To: TexasFreeper2009

No they cant


45 posted on 09/21/2010 12:48:31 PM PDT by taxcontrol
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To: Blueflag
That policy will last until the first call from a tort law firm on behalf of an aggrieved parental unit.
46 posted on 09/21/2010 12:49:40 PM PDT by hinckley buzzard
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To: monday

“Unless you are a 17 year old girl, the coppers don’t want to look at you naked.”

Hey,, i have feelings here ya know.


47 posted on 09/21/2010 12:50:41 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: ColdOne
“her longtime boyfriend For cryin’ out loud,exactly how long is “longtime” in this story? She is ONLY 17?”

Have you forgotten what it is like to be young? For 17 year olds a couple of months is a long time.

48 posted on 09/21/2010 12:54:52 PM PDT by monday
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To: Blueflag

I my kids’ school they will take it from you and you have to go to the Asst Principal to get it back. The next time the parent needs to come in and get it back.

Pretty effective.


49 posted on 09/21/2010 12:55:50 PM PDT by Vermont Lt (I lived in VT for four years. That was enough.)
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To: ColdOne
her longtime boyfriend For cryin' out loud,exactly how long is "longtime" in this story? She is ONLY 17?

She's 19. The phone was taken when she was 17 and in HS. And 'longtime' is relative.

50 posted on 09/21/2010 12:57:47 PM PDT by theDentist (fybo; qwerty ergo typo : i type, therefore i misspelll)
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