Even middle schoolers are protected from unreasonable search and seizure when it comes to the contents of their cell phones, according to the American Civil Liberties Union. The organization has filed a lawsuit on behalf of a Mississippi middle-school honor student, alleging that a 2008 cell phone search and the sixth-grader's subsequent expulsion were not only unnecessary, but also unconstitutional.

Southaven Middle School in Southaven, Mississippi has a policy against cell phone use during school hours, as many schools do nowadays. In August of 2008, 12-year-old Richard Wade was discovered to be in violation of that policy after he received a text message from his father (who was traveling out of state) during "football class." That's when his cell phone was confiscated by his football coaches and then searched by the principal, as well as the Southaven Police Department. At that time, authorities found what they considered to be extremely scandalous, "gang-related activity"—that is, photos of Wade and a friend dancing in the bathroom at Wade's home. The friend held a BB gun across his chest while he danced.

Wade was suspended and then eventually expelled for having "gang signs" stored on his phone. That's when the ACLU got involved—the organization says that the football coaches, principal, and police violated Wade's constitutional rights and even acted outside of the school's policy of merely confiscating phones during school hours. In its complaint, the ACLU quotes directly from the school district's policy book that says students using cell phones in class will "have them taken by the teacher and turned into the office" for pickup by parents after school. The book also has a policy saying that the first violation could result in a one- to three-day suspension as the maximum punishment (Wade's SMS incident was his first offense).

The ACLU says that authorities had no reason to suspect Wade of being a danger to the school and that they not only overextended their authority by searching the cell phone, school officials also overreacted by expelling Wade. "As a result of this incident, R.W. has suffered and continues to suffer ongoing harm, including, but not limited to, missed school, a permanent negative report on his school record, and emotional distress," reads the complaint.

The school has defended its decision by claiming officials reserve the right to look through confiscated phones to see if students were cheating on tests or conducting illegal activities, according to the Memphis Commercial Appeal. However, this doesn't appear to be stated in the district's handbook, making it seem more like an unofficial policy. The ACLU, of course, insists that students retain the right to be free from unreasonable search and seizure, even after walking through schoolhouse doors. "The entire incident was a gross violation of Richard's constitutional rights, including his right to freedom of speech. Like most of us, Richard carries personal and private data on his cell phone, including photos that are for his own viewing," ACLU staff attorney Kristy Bennett said.

There have been numerous lawsuits in recent years over students' rights, and the number appears to be on the rise thanks to the proliferation of cell phones and the ubiquity of the Internet. Even activities that appear to have taken place off of school grounds, such as questionable blog postings made from home, have become a subject of debate. The ACLU has argued in the past that schools cannot restrict a student's speech "anywhere it is uttered" simply because it's vulgar and targets school officials, though the courts have not always agreed.

Further reading: