Thursday, May 20, 2010

When the system goes after minors' liberties

Today on Studio B with Shepherd Smith on Fox News, Shep discussed with Judge Andrew Napolitano a case in Pennsylvania of a 17-year old girl who was charged with child pornography. Now, here's the whole gist of the story: the 17-year old girl had her cell phone confiscated after she was caught using it at school. Ok, fine, she was violating school policy.

Here's where it gets interesting:

The principal then proceeded to search the phone for its contents and in the process, discovered pictures of a scantily clad teenager on the phone. The teenager? The 17-year old girl whose phone it was. After the pictures were brought to the local authorities, the girl was told that she would be charged with child pornography (pictures of herself) if she and her parents didn't complete a five-week course on violence and victimization. She refused and was charged with the crime. She sued the principal, the police, and everybody else that was involved in the whole fiasco.

Let me just say, I don't condone pornography or so-called "sexting", and I believe that the best way to solve the problem of pornography is a strong traditional family background centered upon God. That being said, if anyone should be on trial, it should be the principal whose actions were a clear violation of the teenage girl's Fourth Amendment rights. While the principal had every right to confiscate the phone because it violated school policy, the content of said phone is personal and had nothing to do with school policy. As Judge Napolitano pointed out, there is no evidence that she showed anyone the pictures or that she sent them to anyone. It was stictly her private property to be guarded by her own initiative. The story wasn't out in the general public until Principal Nosey decided to take it to the police and thus made it public knowledge.

This case alarms me greatly about the general liberties which are protected by our Constitution. If the liberties of minors are violated, who's to say that our's aren't in any more danger than theirs?

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