Recent Broward Law Blog Features

Tuesday, March 31, 2009

Teen Girls Win 'Sexting' Case

Good news for social justice for kids.

A U.S. judge on Monday barred a Pennsylvania prosecutor from filing child pornography charges against three teenage girls caught with sexually suggestive pictures of themselves on their cell phones.

U.S. District Judge James Munley said he was issuing a restraining order on Wyoming County District Attorney George Skumanick because his proposed action would violate freedom of speech and parental rights.

The ruling came after the American Civil Liberties Union sued Skumanick on behalf of the girls and their families.

"The court agrees with the plaintiffs that the public interest would be served by issuing a TRO (temporary restraining order) in this matter as the public interest is on the side of protecting constitutional rights," the judge said.

The case has attracted national attention and revolves around the growing practice among teens of "sexting," a play on the term texting, in which nude or semi-nude photos are sent on cell phones or posted on the Internet.

The pictures, found last fall by officials of Pennsylvania's Tunkhannock School District, showed two of the girls wearing bras, and another standing topless with a wrapped towel around her waist. No sexual activity was displayed.

Last month Skumanick told the girls and 17 other students that he would charge them with possessing or distributing child pornography, which is a felony, unless they agreed to probation and participated in a "re-education" program.

All but three agreed to his demands, setting the stage for the lawsuit. Most civil libertarans were outraged. People like me blogged obsessively about it. Someone heard us all. Justice kicks in.
A related link from a previous blot...well it could have been called blot....but someone decided blog was better..

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