Smith-Green attorneys argue teens photos constitute potential child porn
Not too long ago, BuscoVoice brought you news of the pending ACLU lawsuit against Smith-Green Community Schools and high school principal Austin Couch.
The ACLU filed the suit on behalf of two female athletes at Churubusco High School who were suspended from athletics and all extra curricular activities for the entire school year after Couch became aware of racy pictures they posted on their Myspace pages.
The Indiana chapter of the ACLU filed the law suit against Smith-Green in October.
The two sophomore girls had taken the pictures at a sleepover over the summer and posted them in an album on Myspace set so that only their friends could view them. After another child’s parent discovered them, they reported them to Couch who promptly suspended the girls from all activities for the school year. After appealing to Couch, he reduced their sentence by 25 percent once they attended three counseling sessions and apologized to the CHS Athletic Board, an all-male group comprised of the varsity coaches.
According to an article published December 18 in the Journal Gazette, the ACLU would like to have the suit classified as class action on behalf of all students participating in extracurricular activities at Smith-Green. In recent court filings, the school district does not think the suit should be classified as such because it is the first case in school history of this sort.
The Gazette also stated attorneys for Smith-Green are now alleging the actions comprise the behavior of “potential child pornographers.” Attorneys for the district also state that the pictures are child pornography and they are not constitutionally protected speech. A tentative trial date is set for April 2011.