Icky Facebook photos

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)….

double red triangle arrows Continue reading “Indiana Judge Upholds High School Girls’ Constitutional Right To Post Slutty Photos Online”

A Facebook photo to rival David Lat's infamous mobile upload of post-operative cysts.

When you allow a photo to be taken, you should expect that it will be shown to others. That’s at the heart of a judge’s decision in the famous placenta photo case. Unless you’ve been stuck inside a womb, you must have heard by now about the placenta that almost aborted a nursing student’s career.

As previously noted, a Kansas judge decided that nursing student Doyle Byrnes shouldn’t have been kicked out of her program for posting a photo of herself posing with a human placenta to Facebook (at right). It was a move worthy only of de-friending by the weak-stomached.

The actual written decision in the case has come out, and there’s some interesting analysis in it, as noted by Eric Goldman at his Technology & Marketing Law Blog. It suggests that “photo-taking automatically means consent to widespread publication of that photo.” We imagine Brett Favre might object to that….

double red triangle arrows Continue reading “PPP: Poor Placental Precedent?”