American Civil Liberties Union

On January 15, the U.S. Court of Appeals for the 3rd Circuit heard arguments in Miller, et al. v. Skumanick, a child pornography case that, oddly, involves no child pornography. The case goes back to 2006, when two girls aged 12 were photographed by another friend on her digital camera. The two girls were depicted from the waist up, wearing bras. In a separate situation, our third client was photographed as she emerged from the shower, with a towel wrapped around her waist and the upper body exposed. Neither of the photos depicted genitalia or any sexual activity or context. In 2008 the girls' school district learned that these and other photos were circulating, confiscated several students' cell phones, and turned the photos in question over to the Wyoming County district attorney, George Skumanick, Jr.