A 12-year-old was expelled from school after having his cell phone confiscated and searched by authorities. What did they find? Pictures of him dancing. Now, the ACLU has taken up the case, arguing that even students are protected from unreasonable search and seizure.

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Let’s talk about sexting. As we’ve mentioned before (click here and here), sexting is the practice of sending nude or semi-nude pictures of ones self or others via cell phone. It’s one thing, we suppose, if adults do it, but what’s got parents, students, school administrators, the ACLU and district attorneys riled up is that minors are getting into the act as well. The issue for prosecutors then becomes: should one charge “sexters” with serious crimes, like possession of child pornography, or handle such episodes in a less draconian manner.

The issue is nicely framed in a WSJ story today by Law Blog colleague Dionne Searcey, who shines the spotlight on a sexting kerfuffle that took place in a small Pennsylvania town called Tunkhannock.

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The FBI has backed down on a secret request for information about a user of the Internet Archive digital library, thanks to a legal challenge from two prominent advocacy groups. The case, which was brought by the Electronic Frontier Foundation and the American Civil Liberties Union on behalf of the archive, dates to last year but only became public on Wednesday. That’s because the type of request involved, known as a national security letter, is accompanied by a gag order that forbids the recipient from disclosing its existence or discussing it with anyone except his attorneys, who are also gagged. As a result of a settlement, the FBI agreed to withdraw the national security letter and to lift the gag order.

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