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ACLU Wins, No Sexting Charges For NJ Teens

Following up on the "sexting" case we've discussed in recent days, oliphaunt sends word from the Times-Tribune that a New Jersey federal judge has ordered the prosecutor not to file charges in the cases of three teenage girls whose cell phones were confiscated. "Wyoming [NJ] County District Attorney George Skumanick Jr. cannot charge three teenage girls who appeared in photographs seminude traded by classmates last year, a judge ruled Monday. US District Judge James M. Munley granted a request by the American Civil Liberties Union to temporarily stop Mr. Skumanick from filing felony charges against the Tunkhannock Area School District students."

32 of 406 comments (clear)

  1. It's a battle and not the war.. by SirFozzie · · Score: 4, Insightful

    TFS states that it's only a TEMPORARY halt to filing any charges on the teens

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
    1. Re:It's a battle and not the war.. by Chris+Burke · · Score: 5, Insightful

      Yeah, and based on the article I read earlier (my excuse for not RingTFA now) the basis for the judgement was that the pictures of the girls were not sexually explicit, not that charging the subject as in supposed victim of child pornography with life-devastating charges is an affront against the spirit of anti-child-porn laws and of justice itself.

      I suppose given the former there's no reason to rule on the latter, but still I really wanted this to be thrown out because the very concept of charging the girls whose photos were taken is insanely Kafkaesque.

      --

      The enemies of Democracy are
    2. Re:It's a battle and not the war.. by davidphogan74 · · Score: 4, Informative

      The ACLU lawsuit argues the photographs in which the girls appear are not pornographic and should be protected under the First Amendment.

      It's exactly that. Thank you First Amendment, once again.

    3. Re:It's a battle and not the war.. by Asic+Eng · · Score: 4, Insightful

      It's a rather curious way to proceed - the ACLU has sued the DA in a federal court in order to prevent him from filing charges. I didn't realize something like that would even be possible. Clearly the kids need protection from this DA though. From another article: Parents were told their teens could avoid prosecution if they agreed to participate in a five-week program Skumanick developed with the county probation office and county's Victims Resource Center. Frankly - sounds to me like this pervert is looking for an excuse to humiliating some pretty young girls. "Give me your kids to torment or I'll add them to the sex offender registry".

    4. Re:It's a battle and not the war.. by skroops · · Score: 5, Interesting

      This actually happened to me when I was a high-school student... Back before the internet crash, when you could get domain names for free, a friend of mine wanted to put a website up of his balls, just his balls, at jasonsballs.com (made-up first name). He was 16 and I was 17. I registered the site and drew up the html, with jasonsballs.com in big red letter, a single gif of his ballsack, and an angelfire counter. A few days later and a coupl e thousand hits later, I'm in the administrative office at my highschool with the police. They asked me about it and I explained what we had done (mistake of course). After a bit of time both of us were charged with "Pandering Obscenity of a Minor" or some such charge, a 5th degree felony. After months of lawyers talking, we finally had a court date. 5 minutes in, when an actual judge saw the case, he dismissed it immediately. Nevermind the thousands of dollars in attorney's fees that we had to pay.

      I had an idea to call the ACLU at that time but thought that media exposure might hurt me in the long run, now I regret not calling them.

      Anyway, this seems like a similar situation and hopefully competent decisions like this will continue to be made.

    5. Re:It's a battle and not the war.. by C_L_Lk · · Score: 4, Insightful

      Now if only the article was correct - this didn't take place in New Jersey, but Pennsylvania. FYI I went to this high school in the 90s. The girls were nothing to write home about. I still don't think they are - not much changes in farm country.

      I know the families of several of the involved in this case -- it just was yet another case of a DA trying to make a big name for himself with a "prize case" that would make nation attention and move him up the ladder in his career. He's a real ass clown.

    6. Re:It's a battle and not the war.. by Mix+Master+Nixon · · Score: 4, Funny

      It would be nice if this guy were to be beat over the head with wrongful and malicious prosecutions.

      Or a bat.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    7. Re:It's a battle and not the war.. by Ripit · · Score: 5, Funny

      Your inability to properly spell "bra" should be exhibit #1 when you try to renew your geek card.

    8. Re:It's a battle and not the war.. by Genda · · Score: 5, Funny

      Building a web site ------------- $ 50
      Dealing with the police ------ $ 280
      Courts and Lawyers --------- $9845
      Discussing your ball sack in a courtroom... Priceless!!!

    9. Re:It's a battle and not the war.. by einhverfr · · Score: 4, Insightful

      This REALLY needs to be decided on Constitutional grounds. A little research will show that these sorts of threats and even charges are becoming commonplace against teens. This is one reason this needs to go to trial. Let's send a CLEAR message to prosecutors that this is fundamentally a violation of teens' protected speech and outside the (narrow) child pornography exception.

      Note that in other cases obscenity charges are used. However, this poses extremely problematic issues as well. Normal obscenity law depends on a jury to decide a relevant contemporary community standard. Since there are no jury trials in juvenile court, the judge gets to decide what is obscene and what is not and thus IMO this makes the law as applied to juveniles unconstitutionally vague (because a judge alone decides matters in what would fundamentally be an arbitrary way).

      --

      LedgerSMB: Open source Accounting/ERP
    10. Re:It's a battle and not the war.. by el+americano · · Score: 4, Insightful

      It's odd that the prosecutor thinks he's doing nothing wrong. The judge clearly has problems with it:

      According to the Times, Judge Munley told Skumanick's lawyer, A. James Hailstone: "It seems like the children seemed to be the victims and the perpetrators here. How does that make sense?" State law "doesn't distinguish between who took the picture and who was in it," Hailstone was quoted by the newspaper as saying.

      He's actually trying to charge them as accomplices to "open lewdness", which is a misdemeanor. I had never heard of such a thing. The possible child pornography charge was just prosecutorial blackmail - standard operating procedure for almost any DA. I don't think it's a forgone conclusion that these laws would be found unconstitutional. The legislature needs to amend them from being applied in this way - although they typically only take action after a well publicized travesty of justice.

      In any case, I think you'd need this to be much more explicit to set the kind of precedent you want. A not-guilty will be good enough for me, and the children involved too, I'm sure.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
  2. Re:Why is the header in red? by BlackSnake112 · · Score: 4, Funny

    This is about girls, 'sex', and on slashdot.

    Think about it.

  3. NJ? Really? by Red+Flayer · · Score: 5, Informative

    These teens are in PA, not NJ.

    There is no Wyoming County in NJ.

    The judge may be in NJ (since federal jurisdictions often overlap individual states).

    Also note that there is no such thing as a "New Jersey federal judge". Submitter should be a little more careful... that judge has a specific title which wolud disambiguate which court we're talking about.

    That summary was atrocious. Blech.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  4. Reasoning? by nathan.fulton · · Score: 4, Insightful

    often, the reason for a decision is just as (if not more than) important than the decision itself. I'm skeptical of whether or not this is a good thing in this case. While the judge does mention the first amendment, this little gem is in TFA:
    "Mr. Walczak has said it was clear the three girls were victims; they did not take or distribute the photos in question."

    Which means that this decision decided to ignore the issue of rather or not one can commit sex crimes against one's self. Which is kind of unfortunate.

    1. Re:Reasoning? by Locke2005 · · Score: 4, Funny

      Don't you just hate when you wake up in the morning after a night of heavy drinking and find out that you've taken advantage of yourself again? I know it always makes ME want to press charges for committing sex crimes against myself! If it is that obvious that the teens didn't take the pictures themselves (i.e. the pictures didn't show them holding a camera) then why were they threatened with prosecution in the first place? If a 2 year old hands you a photo of themselves posing naked on a bear skin rug, should said 2 year be arrested for distribution of child porn and forced to register as a sex offender for the rest of their life?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:Reasoning? by BaronHethorSamedi · · Score: 5, Informative

      Which means that this decision decided to ignore the issue of rather or not one can commit sex crimes against one's self. Which is kind of unfortunate.

      I don't think the decision does any such thing. (The full text of the judge's order may be found here.)

      This is only a temporary restraining order. It doesn't really get into the underlying issues of the prosecution itself. It's just a preliminary finding that the girls do seem to have a good First Amendment case, and that allowing the prosecution to proceed without some more argument into the free speech question might cause irreparable harm. The judge expressly notes that even a temporary infringement of First Amendment rights is a legally cognizable harm. Good for him.

      The judge also takes note of the argument that the girls here are victims, not perpetrators. That question isn't decided (though it certainly isn't ignored), because again, this is only a temporary restraining order that doesn't reach that far into the substance of the case.

    3. Re:Reasoning? by Grishnakh · · Score: 4, Insightful

      If a 2 year old hands you a photo of themselves posing naked on a bear skin rug, should said 2 year be arrested for distribution of child porn and forced to register as a sex offender for the rest of their life?

      In the USA, yes. In a country with a sane legal system, no.

    4. Re:Reasoning? by Asic+Eng · · Score: 4, Insightful

      Of course - children are by themselves pornographic. Any picture of them is pornography, any development of their sexuality is a crime. After all it could titillate a prosecutor and make him feel uncomfortable about himself.

  5. Children are the enemy. by MrMista_B · · Score: 4, Interesting

    In the United States (and, more and more the UK and Australia), children are the enemy.

    Why?

    1. Re:Children are the enemy. by Greyfox · · Score: 5, Insightful

      Because they can't vote.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    2. Re:Children are the enemy. by Anonymous Coward · · Score: 5, Funny

      Children are the future, unless we stop them now.

    3. Re:Children are the enemy. by Chris+Burke · · Score: 4, Informative

      In the United States (and, more and more the UK and Australia), children are the enemy.

      Because it's the only way to protect them!

      Imagine what harm could come to these poor girls if they weren't sent to prison for ten years and disallowed from coming anywhere near a school and having to notify all their neighbors of their crimes for the rest of their life?! THINK OF THE CHILDREN!

      --

      The enemies of Democracy are
    4. Re:Children are the enemy. by MozeeToby · · Score: 5, Insightful

      My theory: Having children leads to the end of all meaningful morality.

      Morality is defined by what a reasonable person in society says it is. When people have children they are no longer reasonable, their genes don't let them be. It is paramount that a person's children be protected from any and all harm and given every advantage possible; because of this, parents can no longer judge what is in the best interest of society.

      I wish I could say I was joking more than I am. Unfortunately, I've had this conversation with someone before. Them: "You don't want universal healthcare, the quality of your care will go down". Me: "What if I value everyone having care more important that some hypothetical reduction to my care?". Them: "You'll understand once you have children".

  6. If Fox News reported this by Profane+MuthaFucka · · Score: 5, Funny

    "Atheists and liberal judges make child porn legal." Brit Hume reporting.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:If Fox News reported this by rolfwind · · Score: 4, Insightful

      We need to fire the retards in our government. Bush was a first good step. This prosecutor would be a good second.

    2. Re:If Fox News reported this by Pichu0102 · · Score: 4, Funny

      You can't spell retard without r and d!

      *ducks*

  7. Re:Accuracy? by oliphaunt · · Score: 4, Informative

    right. first you get a temporary order. Then the court looks at the briefs, and maybe even asks for oral arguments. Then the judge decides if he needs to make the order permanent.

    That's how the process works.

    --




    Humpty Dumpty was pushed.
  8. pennsylvania is a scary place to be a kid by circletimessquare · · Score: 5, Informative

    (btw, it happened in PENNSYLVANIA, not new jersey):

    http://prisonpost.com/blog/2009/02/20/pennsylvania-judges-plead-guilty-in-juvenile-center-kickback-scheme_227.html

    At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

    Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

    She was handcuffed and taken away as her stunned parents stood by.

    "I felt like I had been thrown into some surreal sort of nightmare," said Hillary, 17, who was sentenced in 2007. "All I wanted to know was how this could be fair and why the judge would do such a thing."

    why was the judge so harsh?

    because he was getting kickbacks from the privately run prison

    let me repeat that: in the usa, children, who did not deserve to be sent to prison, were being sent to prison for minor offenses. why? because the prisons were being run PRIVATELY, there was a PROFIT MOTIVE. enter: one crooked judge eager to line his pockets, and you have a cash machine

    how evil is that? i mean really, how utterly shameful on us as americans that this took place? how shameful on us that we allowed the fiscal and legal environment in which PRIVATE PRISONS even fucking exist!

    http://www.nytimes.com/2009/02/14/us/14judge.html?fta=y

    Several hundred families filed a class-action suit Friday against two Pennsylvania judges who pleaded guilty on Thursday to accepting $2.6 million in kickbacks for sending juveniles to private detention facilities.

    "At the hands of two grossly corrupt judges and several conspirators, hundreds of Pennsylvania children, their families and loved ones, were victimized and their civil rights were violated," said Michael J. Cefalo, one of the lawyers representing the families. "It's our intent to make sure that the system rights this terrible injustice and holds those responsible accountable."

    Pennsylvania lawmakers called on Friday for hearings into the state's juvenile justice system. And the Juvenile Law Center in Philadelphia, which blew the whistle on the judges, said it had sworn affidavits from families who said they had sought court-appointed counsel but were told that their children would have to wait weeks, sometimes months, for a lawyer. During that time, the children would have to remain in detention, the families said.

    ok, so we have enron, we have this gem, we have the recent stock market crash

    dear fiscal conservatives and republitards: why exactly do you want to privatize and deregulate everything?

    i await your stunning insight as to how its all the democrats fault, when this private prison debacle and something like enron and the recent stock market meltdown are clear and obvious indications as to why, no, some things in this world you actually do not want to privatize and deregulate, that you actually want to keep utlities and prisons in the hands of the government, and you want to regulate the markets, for their own good. i now await your usual regurgitated kneejerk drivel about tax and spend democrats and socialism. well yes, actually, democrats are tax and spend. as opposed to republicans, who are just spend (all deficits climb sky high under republicans and are reduced under democrats: study past administrations). and as for socialism: yes, democrats actually do care enough to say gee, maybe its wrong middle class hardworking folks have to declare bankruptcy when they get a serious illness

    "bloated government bureaucracy... blah blah blah... welfar

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:pennsylvania is a scary place to be a kid by Calithulu · · Score: 5, Insightful

      Or... and I posit this entirely theoretically, it might be best if we take the approach that both the liberal and conservative viewpoints have some merit and we should work to create reasonable compromises in politics, government, and all laws.

      Of course, that's just me talking. But based on the rhetoric and vitriol we see regarding politics in the media, on the web, and in other venues I appear to be the last centrist.

  9. The Myth of Ruined Lives by DeadCatX2 · · Score: 4, Interesting

    I'm so sick of this myth that naked pictures cause problems. The shame associated with nudity (and even sex) says more about those viewing the picture than those who are in it.

    Seriously, has anyone ever known someone whose life was ruined because of a naked picture?

    Anyone?

    The shame that our society attaches to nudity and sex is an attempt at prohibition. By making it taboo, it becomes enticing. Just like with alcohol, drugs, and prostitution, this forces it underground. Poor debaters will also use the taboo nature of the subject to stifle honest discussion by suggesting that supporters engage in the prohibited acts (i.e. those who defend these children are pedophiles who want easy access to CP, those who defend drug users are junkies, etc).

    If it weren't for that prosecutor, none of you would have ever known anything about this. Isn't it ironic that the response taken to teach these kids about "potentially permanent burdens" has done more to create those exact burdens than the act itself would have?

    When will we learn that over-protecting our children is hurting them by stunting their social growth? When they turn 18 and go off to college, an over-protected teenager will not be equipped with the proper skills necessary to navigate a world full of people who want to take advantage of them.

    As for the fear that there will be an explosion of new child porn if it's legal for minors to take pictures of themselves...further application of this logic leads to support for banning bullets because their existence leads to an "explosion" of homicides involving guns.

    Also, consider that teenagers are already doing this, and in a quantity deserving of its own slang description.

    --
    :(){ :|:& };:
  10. Re:Let's clarify something... by Culture20 · · Score: 5, Funny

    I call Godwin!

    *rolls d%*
    Double Zero! A rift in space-time opens and Godwin steps out. "What do you want? I'm a busy man. This had better not be about Nazis."

  11. Re:Let's clarify something... by cortesoft · · Score: 4, Insightful

    Hmmm.. I can understand an argument as to why the right to bear arms is a fundamental civil right, but there are many very good arguments as to why it isn't. I can see how you might not be swayed by them; but to deny that they exist is a bit intellectually dishonest.

    Do you think it is a fundamental right that I can possess, for example, a bomb large enough to destroy the city I live in? I can't imagine you think that... if you can accept that it is not a fundamental right to own that sort of weapon, it is only a matter of degree to argue that a fully automatic weapon, say, can be banned without violating civil rights.

    You might disagree with the argument, but you have to at least see how someone could disagree with your assessment.