Skip to comments.Girl, 17, sues officials who found nude pics on her phone...gets $33K.
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.
...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 attorneys 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 ...
PP may finally be brought to justice for not reporting their knowledge of pregnant 13 year-olds. Under sex abuse reporting requirements in force in most of not all States, medical personnel are obligated to report on suspicion. Pregnacy is pretty compelling evidence for sexual abuse of a minor.
Some Circumstantial Evidence Is Very Strong, As When You Find A Trout In The Milk H.D. Thoreau
SO why was her phone seized in the first place??
My guess is that she was using the phone when she should NOT have been doing so. Most schools have a no cell phone usage in school policy. It is also likely that she was showing the picture to others. We had a similar situation in our school; a girl sent a compromising picture to her “boyfriend” who shared it with the world when they broke up. He was a creep and she was stupid.
Cell phones are major problems in schools..I ask my students to keep their purses (with phones) under the desks (and guys to keep cell phones out of sight and reach) since kids can take pictures of tests, etc. Texting is out of control as well.
read the article then post 38. you are confused
If you had read the article you would know. You would also know that she hadn't sent the photos to anyone, including her boyfriend, so no one could have posted them on the Internet. If they end up on the Internet now it will be because the school or the district attorney leaked them.
I understand your point...but really. Is it too much to ask that parents reinforce the school’s policy on cell phone usage? I teach high school...most students are good about keeping the phones out of sight, but some are truly addicted! Remember...cell phones can take pictures of tests, students can text answers etc if there is no policy in place. And should teachers have no recourse if students rudely answer phones or text in class???
If a student is consistently rude with cell phones, I ask him/her to put it on my desk in plain sight. They can pick it up at the end of class; I do not confiscate it. However, the assistant principal can—if the student is constantly being written up—ask for the phone and require parents to pick it up at the end of the day.
The idea that students have a legal right to have a phone is ridiculous.
“School Sanctioned” being the nuts and bolts to that argument.
(Now that I’ve read the article)....
They took a (against district policy) ringing phone and searched it. That is where they screwed the pooch. Arguments against sexting on campus aside, there was no reason to assume that behavior was going on here.
how old is her long term boy friend? when did their long term relationship begin? and how old did you say she was then?
what if the long term boy friend is 40???
what if the long term boy friend is 40???
I believe that there are other options available to teachers other than the confiscation of private property. Such as:
- giving a zero grade for the test
- kicking the student out of class and send them to the office for disruptive behaviour. This should happen regardless of the cause. Bet it iPods or gameboys or toys or any other distraction.
Continued disrutptive behaviour should be met with letters to the parents, dententions, being sent home and expulsions. Note that not a single one of those actions have the school seizing private property and certainly not searching that property.
Allowing or requiring the teacher to take possession of a disruptive thing teaches the kids the wrong message. Instead of teaching them that they are responsible for their actions regardless of the temptation, it teaches them that as long as the teacher lets them get away with it, it is ok.
It also teaches them that private property is not really private property - just like when they are asked to buy school supplies and told to hand over their personal property to the state.
As for the right to have a phone ... what right has been placed in the Constitution to allow any agent of the state to seize private property?
there is a difference between the age of consent and the age of people to be photographed naked..
The article says "naked".
"I was absolutely horrified and humiliated to learn that school officials, men in [the] DA's office and police had seen naked pictures of me," N.N., who graduated from the school in 2009, said in a statement released when the lawsuit was filed last year.
Bottom line.....cell phones should not be with a student during the school day. They can get lost, stolen and are distracting. The best case scenario is that parents and schools could work together; when a student is in trouble for cell phone usage, it would be helpful if the parents would back up the school by restricting cell phones and yes, taking them away as a punishment. If schools cannot do this, then certainly parents can. Unfortunately, the usual response is “what’s the big deal” since many parents are just as inconsiderate and call students during the school day for non-emergency contact. I certainly agree that schools have no right to search a phone, but what would be the case if the girl in question were showing pictures of herself (on the cell phone) in the nude and this was witnessed by a teacher? Truly, what would be the right approach since this is all very new territory?