By Robby Soave | reason.com | October 4, 2016
A 14-year-old Iowa girl, "Nancy Doe," is facing sexual exploitation charges for taking two sexy pictures of a minor and texting them to a boy at school.
The minor in question is Doe, which means the Marion County prosecutor has essentially threatened to brand her a sex offender for taking and sending pictures of her own body.
Making matters significantly worse, the pictures in question can hardly be described as child pornography, Doe's family argues in its lawsuit against Marion County Attorney Ed Bull. In one photo, she was wearing boy shorts and a sports bra. In the other, she had removed the bra but her hair was fully covering her breasts.
Doe's own parents described the pictures as "less 'racy' than photographs they see in fashion magazines and on television every day." They wonder if she could have been prosecuted for taking a picture of herself in her swimsuit—such a picture would have probably been even more revealing than the alleged 'sexts.'
Doe's not waiting to be prosecuted for something that shouldn't even be a crime, and probably isn't in this specific case. She has filed a lawsuit against the county attorney for threatening to violate her First and Fourteenth Amendment rights.
"It is clearly a violation of the First Amendment for a prosecutor to credibly threaten to bring criminal charges for protected speech and expression," Rita Bettis, legal director for the American Civil Liberties Union of Iowa, told The Des Moines Register. "While courts have held that child pornography is not protected under the First Amendment, in this case, there appears to be a real factual question about whether the image itself was child pornography."
The trouble began last March, when two boys at Knoxville High School were caught using the school printers to print inappropriate photos of their classmates, both male and female, which had been obtained via texts and Snapchat. Some of the teens in the photos were nude, though emojis were covering their private parts, according to the lawsuit. Doe's two photos were among them.
The minor in question is Doe, which means the Marion County prosecutor has essentially threatened to brand her a sex offender for taking and sending pictures of her own body.
Making matters significantly worse, the pictures in question can hardly be described as child pornography, Doe's family argues in its lawsuit against Marion County Attorney Ed Bull. In one photo, she was wearing boy shorts and a sports bra. In the other, she had removed the bra but her hair was fully covering her breasts.
Doe's own parents described the pictures as "less 'racy' than photographs they see in fashion magazines and on television every day." They wonder if she could have been prosecuted for taking a picture of herself in her swimsuit—such a picture would have probably been even more revealing than the alleged 'sexts.'
Doe's not waiting to be prosecuted for something that shouldn't even be a crime, and probably isn't in this specific case. She has filed a lawsuit against the county attorney for threatening to violate her First and Fourteenth Amendment rights.
"It is clearly a violation of the First Amendment for a prosecutor to credibly threaten to bring criminal charges for protected speech and expression," Rita Bettis, legal director for the American Civil Liberties Union of Iowa, told The Des Moines Register. "While courts have held that child pornography is not protected under the First Amendment, in this case, there appears to be a real factual question about whether the image itself was child pornography."
The trouble began last March, when two boys at Knoxville High School were caught using the school printers to print inappropriate photos of their classmates, both male and female, which had been obtained via texts and Snapchat. Some of the teens in the photos were nude, though emojis were covering their private parts, according to the lawsuit. Doe's two photos were among them.