An interesting First Amendment case might be in the making in the Third Circuit Court of Appeals. A decision would effect NJ, PA, Delaware, and the Virgin Islands. The court is presently considering whether "...teens can be prosecuted...for taking their own photos and sending them to their friends". Sexting is the ..."cell phone messaging of either explicit photos or words". How is this be be considered? Is it "...constitutionally protected speech or a public safety concern..." that the law must deal with. Some say it is teenage indiscretion and others say it is child porn. (For those who think the First Amendment is dull, think again).
(Source: "Sexting" by Kibret Markos of The Record on 2/3/10).
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