School Sued By ACLU After Punishing Teens for Racy MySpace Pics

Two Indiana teenagers whose sexually suggestive slumber party pictures made their way into the hands of the high school principal are fighting back against what they say is an unfair suspension from athletics for activities that took place off school grounds. Read more ...

50 Comments

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puckerup America

The ACLU needs to step down in this case. The girls were under a contract that required a certain code of conduct in and out of school for participation in athletics. The ACLU is preventing the girls from learning a good lesson for adulthood called consequences! Keep in mind they were NOT suspended from school, only the extracurricular activities.

Wednesday, November 04, 2009 at 10:49 PM Report 

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Batters56

What I'm arguing is, should the school even have the right to tell its pupils how to behave outside of term time? Even if it is in a contract. But can't the whole contract be ruled unconstitutional? For a country that loves its constitution and the rights it enshrines I can't believe that so many people support the school. Ok so if you have conservative values I can understand your being shocked and appalled at their behaviour and the parents standards of upbringing etc. But in a country that believes in personal freedoms and doesn't like the state meddling in the private affairs of citizens (take the current wranglings over healthcare, for example) I don't see how people can agree with a school (an arm of the state/government) telling teenagers how to live their lives. Even if it is for an extra-curricular activity.

Wednesday, November 04, 2009 at 08:30 PM Report 

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puckerup America

i.e. Phelps being suspended from competitions for a picture of him smoking pot

Thursday, November 05, 2009 at 12:13 AM Report 

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puckerup America

The extracurricular activities at schools are considered privileges and can require by rule or contract things like codes of conduct that apply in and out of school. If you'll notice, the girls weren't suspended from school - just the activities. The girls can find some other sports organization to play through if they don't want to agree to the terms of the school's extracurricular progams. It may surprise you to know that some school's extracurricular programs require drug testing...

Wednesday, November 04, 2009 at 11:11 PM Report 

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grdred944

They signed an agreement. They screwed up. They are paying the price. The action of the parents and the ACLU should have been before this occured. The ACLU would prefer that we live in a nanny state where people can screw up and then rollback everything they agreed to but I doubt a court will see it their way.

Wednesday, November 04, 2009 at 05:57 PM Report 

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Francesca Travis

Its a moral clause! They didn't have to agree to it. They don't have to play sports and represent! They choose to do so, so they have to be held to the standard imposed. And to the smart ass who thinks that does not make us the home of the free, I beg to differ. They are free not to participate. But freedom does not mean "no rules" jerk!

Wednesday, November 04, 2009 at 03:48 PM Report 

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Hotonis

How can a school do anything to its students out of season and off campus? No I may not entirely like what they did, but what gives the school the right to do this?

Wednesday, November 04, 2009 at 12:29 PM Report 

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FAILURE-IN-CHIEF

It was stated in the school by-laws for athletes.

Wednesday, November 04, 2009 at 01:25 PM Report 

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Batters56

Hello big 'land of the free' capitalist USA, from downtrodden socialist England. Can I just say how kids lives are not controlled by the state through state schools in our socialist (woo thats nearly communist) country. Kids can post whatever they like outside of school hours and they will not be punished for it especially during the summer holidays. So in effect the school cannot tell kids how to behave out of school hours. Thats the parents job, and if they do something illegal its the Polices job.
Yet in 'land of the free' USA, the 'state' through schools is controlling how children behave during the summer holidays. Controlling their freedom to do what they want (within the boundaries of the law, of course). I don't believe it. And whilst your being so afraid of communism, you need to recognise when far more serious breaches of universal freedoms are happening in your own country.

Wednesday, November 04, 2009 at 11:03 AM Report 

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Kansas Mom

What is wrong with these girls' parents!! They act like sluts and then the parents let them sue??

Wednesday, November 04, 2009 at 10:45 AM Report 

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-BOSMAN-

It's the GIMME SOCIETY! SUE! SUE! SUE!
and they don't have to put the REMOTE CONTROL down to earn it! And heaven forbid, W O R K!!!!!!!!

Wednesday, November 04, 2009 at 11:46 AM Report 

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Lee in Pa

According to the article the school's athletic code covers actions not during school year. Guess the girls forgot about that. Oh well, now they know what that means.

Wednesday, November 04, 2009 at 07:28 AM Report 

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Marine from Indiana

come on people read It says they were suspended from athletics not from school

Wednesday, November 04, 2009 at 12:13 AM Report 

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PO DUCK

First of all, it's not ACLU's damn business, it's the parents job. ALCU is doing everything they can do to put money in their pockets. If they want to do something, how bout sueing acorn, Hmmm Hmmm Hmm !!!

Tuesday, November 03, 2009 at 09:12 PM Report 

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kenny from SC

If these girls read the atheletic guidelines, they will see that they are held responsible for their actions on and off school grounds. I have two sons in school sports. They sign a form before every season outlining their expected conduct and grade expectations. I don't think the school is out of line in this issue.

Tuesday, November 03, 2009 at 06:39 PM Report 

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mara123

EXACTLY, my daughter had to sigh a form about ethics she would abide by for some of her activities in school.

Tuesday, November 03, 2009 at 06:57 PM Report 

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whaley41

People, people when are teenagers, or anyone, going to realize anything you put on facebook and myspace is public domain and can come back to bite you in the behind. These girls knew this could be seen be thousands of people, so I am sorry, no sympathy here. They knew what they were doing. If you don't want it seen, don't post it !!!

Tuesday, November 03, 2009 at 04:41 PM Report 

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Roger In Miami

At first I was amazed that the school,, any school,, would clearly overstep their authority like this.
Once I viewed the news clip however, it became clear that this wasn't a simple school authority vs personal freedoms issue.
Evidently by participating in the school's sports program, these girls are held to a much stricter standard of conduct which includes all activities beyond school hours and the school term. The girls knew this and agreed to these conditions.
That being the case, then they and they alone are responsible for their actions and are accountable to the school for what they did.
On the other hand, any expulsion or suspension from academic activities by the school is way over the line in my opinion. A sports agreement violation is dealt with inside the sports department.
This should be a easy one to iron out.
Thank heavens,,, almost thought I was going to have to agree with the ACLU there for a moment.
UGH!!!!

Tuesday, November 03, 2009 at 04:17 PM Report 

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Recon

High School student in danger for disagreeing with Obama | http://bit.ly/2YKBLc

Tuesday, November 03, 2009 at 04:03 PM Report 

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saltydizzle

did anyone catch the age of these students?

Tuesday, November 03, 2009 at 03:57 PM Report 

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Polemic

Ugh, this is one of the things that annoys me the most about teenagers. Technology is changing too fast and they don't understand the concepts of privacy (or lack there of on the internet) and the longevity of bad decisions. However, I don't believe it's the place of the school to discipline kids for activities that happen outside of school. There are actually numerous cases like this in the courts at the moment. It's the parent's responsibility, good or bad as that may be.

Tuesday, November 03, 2009 at 03:11 PM Report 

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MadinMaine

ACLU=Legal arm of ACORN and their ilk.

Tuesday, November 03, 2009 at 02:53 PM Report 

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Delores CH WV

GREAT, SUE EVERY LOCAL PUBLIC SCHOOLS AND THE US DEPARTMENT OF EDUCATION FOR EVERY DIME THEY HAVE...........AT LEAST OUR CHILDREN WILL BE SAVED!!!!!

Tuesday, November 03, 2009 at 12:58 PM Report 

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firebird2009

hey there is a price to pay for being Dumb!!! - I mean the two girls !!!

Tuesday, November 03, 2009 at 12:49 PM Report 

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JPINGA

The ACLU is like a close cousin to ACORN. It amazes me how they pick and choose their cases.

Tuesday, November 03, 2009 at 12:30 PM Report 

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Skull

I do not agree with the girls conduct but this is not the business of the school it is the parent’s responsibility to talk with their children and teach them what the consequences of their actions could lead to. It is outrageous that the school thinks it can punish kids for something done at home. The appropriate thing for the school to do is contact the parents and let them know what they discovered and let the parents discipline the child.

Tuesday, November 03, 2009 at 12:17 PM Report 

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Independent in AZ

@Skull
Logical and reasonable. Are you sure you're posting on the right website?

Tuesday, November 03, 2009 at 03:01 PM Report 

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CRACK IS WHACK

i didnt know children had rights i thought the parents were liable for what their children do

Tuesday, November 03, 2009 at 12:14 PM Report 

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rdk

Pornography may be protected but pornographers need not be allowed to function in school activities.

Tuesday, November 03, 2009 at 11:48 AM Report 

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thomasboy

Where is the ACLU defending the illegality of the government violating the constitution by trying to shove this so called health care reform bill down Americas throat. Does it have to be a liberal issue before they get involved?

Tuesday, November 03, 2009 at 11:36 AM Report 

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Lourdes (I'm not PC)

Hell has frozen over because I agree with the ACLU. If the girls had violated some agreement with the school, the school might be within its rights to discipline them; but that was not the case. The girls are stupid but this is not the school's business.

Tuesday, November 03, 2009 at 11:28 AM Report 

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Mr. Empirical

I disagree. According to the news story, the girls agreed to avoid this type of conduct in return for the right to participate in extracurricular sports. They were not suspended from school, they were suspended from extracurricular sports. That punishment is, essentially, the result of a breach of the athletic code of conduct that the girls agreed to in advance.
The real question is, why the hell are the parents upset? Shouldn't they be trying to discipline their children for such behavior? The fact that they are taking their daughters' side in this one explains their daughters behavior. Some parents just never get it.

Tuesday, November 03, 2009 at 11:43 AM Report 

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mara123

ACLU = Unions lawyers

Tuesday, November 03, 2009 at 11:21 AM Report 

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Mr. Empirical

mara - The ACLU is not an organization of union lawyers. It is an organization of lawyers, but unions are not even remotely the focus of their interest. They are focused purely on greed, their financial goals are met by using federal laws to force governments and defendants to pay them for bringing these destructive lawsuits.

Tuesday, November 03, 2009 at 11:37 AM Report 

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mara123

ACLU have brought lawsuits in front of the supreme court, an lost i might add, for the benefit of unions, against workers who were not union people, an there dues being used for political purposes is not legal, at there website it looks like they are good, but it is a sham just like ACORN an SEIU.

Tuesday, November 03, 2009 at 07:09 PM Report 

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Lemure

We really need a counter to ACLU. Is there not honest attornies that see how bad the ACLU is for our democracy?

Tuesday, November 03, 2009 at 10:48 AM Report 

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perry

All the power has been taken away from the schools. They can't even discipline these juviniles any more. No wonder you end up with stuff like this.

Tuesday, November 03, 2009 at 10:42 AM Report 

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-BOSMAN-

BRAVO!
The school had every right to suspend the students from the SCHOOL'S extra-curriculum activities! Lesson learned, NEXT TIME you want to act like a tramp, don't leave any evidence (photos, videos, etc)

Tuesday, November 03, 2009 at 10:33 AM Report 

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No Quarter

We want our freedom back!!! My kids dont my-space anything, I'm strict! However, the school system or any other government entity does not have the right to follow us home and tell us what we can and cannot do. I dont usually go for the ACLU's judgement, but they got this one right. Let the parents govern and punish their kids. Why is the school even looking at the kids profiles on the web, sounds creepy to my.

Tuesday, November 03, 2009 at 10:32 AM Report 

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Black Conservative from Ga.

I think this is the first time I agree with ALCU.

Tuesday, November 03, 2009 at 11:52 AM Report 

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Chainsaw Hirko

the schools are going too far these days....they must be regulated

Tuesday, November 03, 2009 at 10:13 AM Report 

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Adam_MS

The school has every right to do what they did. It says they were suspended from athletics not from school.... The same that would happen if a football player was using drugs. When you participate in athletics you represent the school and are held to a higher standard.

Tuesday, November 03, 2009 at 10:06 AM Report 

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Independent in AZ

@Adam_MS
Your analogy is ridiculous. Doing drugs is illegal and would likely affect the performance of the athlete. Girls having innocent, LEGAL, fun at a party with no connection to the school (off campus, no school logos etc.) is not the business of the school to police.

Tuesday, November 03, 2009 at 03:05 PM Report 

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Adam_MS

How is that? The argument is, this occurred off school and after school; therefore, the school arguably has no authority. So what if drugs are illegal...if it happens off school property and after school how is that the school's business... The analogy is one in the same...it is the same principle under that argument. Athletics is a privilege, not a right, and the school is allowed to have their own standards for their athletes.

Wednesday, November 04, 2009 at 08:34 PM Report 

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Marine from Indiana

Girls having innocent LEGAL fun acting like a stripper and acting like they are giving a BJ at maybe 15 or 16 yrs old well they can go to school but no sports for them

Wednesday, November 04, 2009 at 12:12 AM Report 

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mackojr

First off; why is the princapal looking at these girl;s myspace pages? Why does he need to know them on that level? Secondly this is a lot different than doing drugs! The took a couple of pictures wearing no less than they would be if the went swimming. can't believe i am saying this but I am with the ALCU on this one.

Tuesday, November 03, 2009 at 10:32 AM Report 

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Retired deputy in MI

At least read the article....someone else saw the pictures and PRINTED them off and gave them to the principal. Did you actually GO to the website and view the pictures and what they were 'suggesting' in them??

Tuesday, November 03, 2009 at 10:43 AM Report 

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concerned4u.s.

I agree Phil, the school has no authority over what a student does off school hours, and school grounds. For once, I can't believe I'm saying it, but bravo ACLU.
The school has the obligation to inform the parents of the pics but that's about the extent of it.

Tuesday, November 03, 2009 at 09:57 AM Report 

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Phil

This is iffy. I dont see how the school has the right to suspend someone for something that happened off grounds and didnt involve the school at all. I believe the school shouldnt have gotten involved... more of a parent issue.

Tuesday, November 03, 2009 at 09:48 AM Report 

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Black Conservative from Ga.

I agree, this is like big brother government.

Tuesday, November 03, 2009 at 11:53 AM Report 

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