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Teen Cellphone Photos, Texts, Contacts Being Searched at School: ACLU of SoCal Says It's Illegal

Categories: Above the Law

teen cellphone aclu.JPG
ACLU
Those pesky bleeding-heart liberals at the ACLU actually want teachers and school administrators to keep out of your kids' cellphones.

A report issued by the ACLU of Southern California lists some anecdotal evidence that school authorities are searching the contents of students' phones when they're confiscated.

Fine, you say. But some of that information ...


... might actually be yours.

After all, if your child is on a family plan, has family photos or has your address, that might all be accessed by people you don't know.

Schools are taking phones away from teens for improper use (texting, talking) in class. "Sixty-four percent of teens who own cell phones have sent a text message while in class," the ACLU states in its just-released study of school cellphone searches, "HELLO! Students Have a Right to Privacy in Their Cellphones."

While the ACLU didn't come up with any solid nationwide stats, it did offer some scary incidents of cellphone confiscation, including this one:

... In Fred Thompson Jr. High in Bakersfield, a school with about 800 students, school staff reportedly confiscate up to 50 cell phones a week.

The organization says that recent research indicates more than 8 in 10 17-year-olds have mobile phones and nearly 6 in 10 12-year-olds do.

It claims that teachers and administrators looking through your kids' phone content is not legal:

As cell phones become more and more indispensable to young people, confiscation and searches of students' phones by school authorities has become widespread. Because such searches provide a window into every aspect of a students' private life, they violate the laws that protect students' privacy rights.

One example the ACLU uses: What if a teen is gay but not out yet. That info could be on her phone, which could be searched by administrators in the current environment. (Note also that it's legal in California for cops to search your phone if you're arrested. Gov. Jerry Brown vetoed a law that would have put a stop to that practice).

Hector Villagra, executive director of the ACLU of Southern California:

Without reasonable suspicion that a student has violated a rule or law using the phone, beyond simply having it out in the open or turned on in violation of school policy, there is no legal justification for searching the phone.

We have two words for teens and parents: Passcode protection.

Read the whole report here.

[@dennisjromero/djromero@laweekly.com/@LAWeeklyNews]

My Voice Nation Help
2 comments
WezVoo
WezVoo

I text my gf all the time while she is in class. Teachers better leave her alone! Her phone is always password protected anyways! anon-stuff.at.tc

NJinFlag
NJinFlag

This really is a new and grey area of the law as courts have yet to address the student cell phone privacy issue. Most schools have "Acceptable Use Policies" (AUP) concerning the use and possession of cell phones on campus. Although a student may have his/her phone taken for violating the AUP, teachers and/or other school administrators often search the student's phone after taking it. As the ACLU notes, this may be a violation of students' privacy if there is no reasonable suspicion to believe that a crime has been or is being committed or that a school rule is being broken. For more about this issue, check out: http://www.askthejudge.info/do...

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