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Miller V. Skumanick
''Miller v. Skumanick'' was a 2010 Third Circuit Court of Appeals case regarding the practice of sexting and its legal relationship to child pornography. Background In October 2008, the principal of a Tunkhannock Area School District school confiscated several students' cellphones and found photographs of partially clothed female students, but with no sexual acts. The school board gave those photos as to Wyoming County District Attorney George Skumanick, Jr. Skumanick threatened to file charges against those posing in the photographs for production of child pornography, which under Pennsylvania law mandated a seven-year sentence and registration as a sex offender. He would not file charges if the girls agreed to probation, completed a six to nine month educational program which would require participants to submit an essay explaining why their actions were wrong. Of the more than twenty families involved almost all agreed to the deal, but the parents of three female students ...
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United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ...
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United States District Court For The Middle District Of Pennsylvania
The United States District Court for the Middle District of Pennsylvania (in case citations, M.D. Pa.) is a district level federal court with jurisdiction over approximately one half of Pennsylvania. The court was created in 1901 by subdividing the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the Western District of Pennsylvania. The court is under the jurisdiction of the United States Court of Appeals for the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because Harrisburg, the state capital, is located within the district's jurisdiction, most federal suits against the Commonwealth of Pennsylvania are filed in the Middle District. Similarly, because York County Prison served as the largest Immigration and Naturalization Service (INS) facility in the Northeast, the Middle District also adjudicated many immigration case ...
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United States Court Of Appeals For The Third Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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Sex Case Law
Sex is the biological trait that determines whether a sexually reproducing organism produces male or female gametes. During sexual reproduction, a male and a female gamete fuse to form a zygote, which develops into an offspring that inherits traits from each parent. By convention, organisms that produce smaller, more mobile gametes (spermatozoa, sperm) are called ''male'', while organisms that produce larger, non-mobile gametes (ova, often called egg cells) are called ''female''. An organism that produces both types of gamete is hermaphrodite. In non-hermaphroditic species, the sex of an individual is determined through one of several biological sex-determination systems. Most mammalian species have the XY sex-determination system, where the male usually carries an X and a Y chromosome (XY), and the female usually carries two X chromosomes (XX). Other chromosomal sex-determination systems in animals include the ZW system in birds, and the XO system in some insects. Va ...
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Sexting
Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or videos, primarily between mobile phones. It may also include the use of a computer or any digital device. The term was first popularized early in the 21st century and is a portmanteau of '' sex'' and ''texting'', where the latter is meant in the wide sense of sending a text possibly with images. Sexting is not an isolated phenomenon but one of many different types of sexual interaction in digital contexts that is related to sexual arousal. Background The first published use of the term ''sexting'' was in a 2005 article in the Australian '' Sunday Telegraph Magazine''. In August 2012, the word ''sexting'' was listed for the first time in Merriam-Webster's ''Collegiate Dictionary''. The Pew Research Center commissioned a study on sexting, which divides the practice into three types: # Exchange of images solely between two romantic partners. # Exchanges between partners that are shared with ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ...
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Compelled Speech
Compelled speech is a transmission of expression required by law. A related legal concept is ''protected speech''. Just as freedom of speech protects free expression, in many cases it similarly protects an individual from being required to utter or otherwise express a thought with which that individual disagrees. Canada Freedom of expression is a fundamental freedom under Section 2 of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada has interpreted this right as including "the right to say nothing or the right not to say certain things." In ''RJR-MacDonald Inc v Canada (AG)'', tobacco companies successfully challenged legislation requiring them to include unattributed health warnings on packaging. In '' Lavigne v Ontario Public Service Employees Union'', the Court held that mandatory union membership and dues, some of which were used for purposes the union member disagreed with, did not violate his right to freedom of expression. In ''Slaight Communication ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Clause, free exercise of religion; or abridging the Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, freedom of the press, the freedom of assembly, or the Right to petition in the United States, right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the United States Bill of Rights, Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalism, Anti-Federalist oppo ...
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ACLU
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of ''amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions established by its board of directors. The ACLU's current positions include opposing the death penalty; supporting same-sex marriage and the right of LGBTQ+ people to adopt; supporting reproductive rights such as birth control and abortion rights; eliminating discrimination against women, minorities, and LGBTQ+ people; decarceration in the Uni ...
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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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Thomas L
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Idaho * Thomas, Illinois * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts and entertainment *Thomas (Burton novel), ''Thomas'' (Burton novel) ...
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Sex Offender
A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a Sex and the law, sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the serious crimes which result in a mandatory sex-offender classification are sexual assault, statutory rape, bestiality, child sexual abuse, incest, and rape. Some sex offenders are deemed too dangerous to society to be released and are subjected to civil confinementindefinite continuing incarceration, which is supposed to, but does not always, provide meaningful treatment to the offender. sex offender registries in the United States, Sex offender registration laws in the United States may also classify less serious offenses as sexual offenses requiring sex offender registration. In some states public urin ...
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