Judge: Hot Teen Facebook Pics Protected by Constitution

School can't punish girls for out-of-school conduct
By Mary Papenfuss,  Newser Staff
Posted Aug 17, 2011 2:03 AM CDT
Updated Aug 17, 2011 5:33 AM CDT

(Newser) – A school that cracked down on lewd Facebook lollipop photos got licked in court. Teenagers have a constitutional right to post racy photos of themselves online without being disciplined by their school, an Indiana federal judge has ruled. The ACLU filed a lawsuit on behalf of two girls who were suspended from high school cheerleading and a sports team after they posted photos of themselves getting overly friendly with "phallic-shaped rainbow-colored lollipops," and other hot shots, according to court filings. The judge ruled that it was unconstitutional for administrators to discipline students for "out of school conduct that brings dishonor or discredit upon the school."

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But the judge wasn't thrilled about the situation, reports Forbes. “Not much good takes place at slumber parties for high school kids, and this case proves the point,” writes Judge Philip Smith. “The speech in this case doesn’t exactly call to mind high-minded civic discourse about current events. I wish the case involved more important and worthwhile speech." The photos were intended to be humorous "in the mind of the intended teenage audience," even though they involved "horsing around with objects representing sex organs," he added. Notes one tech lawyer: "Kudos to the judge for recognizing that these photos have significant speech implications, however questionable their wisdom or taste." (Read more Indiana stories.)

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