ACLU, Constitutional Law, Education / Schools, Facebook, Free Speech, Kids, Pictures, Pornography, Sex

Indiana Judge Upholds High School Girls’ Constitutional Right To Post Slutty Photos Online

Back in 2009, some teen girls in Indiana had a sleepover that lived up to any teen boy’s fantasy version of one. After racy photos from the summer slumber party made their way to the principal’s office, two of the athletes in attendance were suspended from school sports for the year. That’s, like, totally unfair, said the ACLU, which helped the students sue the school, alleging violation of their First Amendment right to post slutty photos of themselves online.

The girls took photos of themselves “playing” with “phallic-shaped rainbow colored lollipops,” in the court’s words. It sounds like the oh-so-innocent unicorn horn lollipop to me. Though unicorns are usually associated with purity and virginity, these girls took the horn in a different direction, using it in photo shoots that simulated various sexual positions. I’ll leave the descriptions to the court, which wrote one of the racier opinions [pdf] I’ve ever come across (via Professor Eric Goldman’s Technology and Marketing Law Blog)….

During the first sleepover, the girls took a number of photographs of themselves sucking on the lollipops. In one, three girls are pictured and M.K. [a plaintiff] added the caption “Wanna suck on my c**k.” In another photograph, a fully-clothed M.K. is sucking on one lollipop while another lollipop is positioned between her legs and a fully-clothed T.V. [the second plaintiff] is pretending to suck on it.

Girls will be girls…

During another sleepover, T.V. took a picture of M.K. and another girl pretending to kiss each other. At a final slumber party, more pictures were taken with M.K. wearing lingerie and the other girls in pajamas. One of these pictures shows M.K. standing talking on the phone while another girl holds one of her legs up in the air, with T.V. holding a toy trident as if protruding from her crotch and pointing between M.K.’s legs. In another, T.V. is shown bent over with M.K. poking the trident between her buttocks. A third picture shows T.V. positioned behind another kneeling girl as if engaging in anal sex. In another picture, M.K. poses with money stuck into her lingerie – stripper-style.

Judge Philip Smith really seemed to be enjoying his brief stab at erotic writing. He needs to hone his craft, though. “Protruding from her crotch” is a decidedly unsexy way to describe this scene. The girls, whose identities have not since been outed (sorry, boys), unwisely posted the scandalous unicorn-horn-porn photos to MySpace and Facebook.

One of their so-called “friends” printed the photos out and gave them to the principal of Churubusco High School. Though the photos were taken over the summer at a non-school activity, the principal decided the girls had violated the school’s code of conduct, and suspended them from all extracurricular activities for the entire school year, meaning no volleyball and no cheerleading for the two athletes. A court says the principal was wrong to punish the ladies for publicizing their blow pop photos…

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