But the two teenagers were found guilty in part because they were teenagers. If they had been adults, in possession of the same child porn (photos made of themselves years ago at age 16), then privacy protections would have applied.
If I went to a bar, met some woman, went home with her, and we consensually took naked pictures with each other, and sent them to each other, privacy would not attach (at least under the reasoning of this ruling). The minors were not denied privacy for the simple fact that they were minors; they were denied privacy because the nature of society and of their relationship did not create a reasonable expectation of privacy. I believe that if a significant expectation of privacy had been demonstrated (they were engaged, they had been in a relationship for an extended period of time, they had drawn up some kind of non-disclosure contract, etc.), the case would have turned out differently.
Edit: I remembered the judge’s opinion incorrectly, so I withdraw my comment here (it was only posted for a few minutes). My apologies.
I can add though that the whole case makes people uneasy because it’s convoluted, as court cases often are. The appeal’s argument is that the state should have respected the teenagers’ privacy. The appeal court denies the argument for privacy because it feels the girl must be protected from her boyfriend, who may use those photos against her. As the court opinion says,
Mere production of these videos or pictures may also result in psychological trauma to the teenagers involved. Further, if these pictures are ultimately released, future damage may be done to these minors’ careers or personal lives.
So how do they protect her in case her boyfriend hurts her in the future? By making her a felon, putting her on probation, and using up her money on court cases.
If I went to a bar, met some woman, went home with her, and we consensually took naked pictures with each other, and sent them to each other, privacy would not attach (at least under the reasoning of this ruling). The minors were not denied privacy for the simple fact that they were minors; they were denied privacy because the nature of society and of their relationship did not create a reasonable expectation of privacy. I believe that if a significant expectation of privacy had been demonstrated (they were engaged, they had been in a relationship for an extended period of time, they had drawn up some kind of non-disclosure contract, etc.), the case would have turned out differently.
Edit: I remembered the judge’s opinion incorrectly, so I withdraw my comment here (it was only posted for a few minutes). My apologies.
I can add though that the whole case makes people uneasy because it’s convoluted, as court cases often are. The appeal’s argument is that the state should have respected the teenagers’ privacy. The appeal court denies the argument for privacy because it feels the girl must be protected from her boyfriend, who may use those photos against her. As the court opinion says,
So how do they protect her in case her boyfriend hurts her in the future? By making her a felon, putting her on probation, and using up her money on court cases.