Wednesday, September 7, 2011
Teen sexting and the First Amendment -- just an idea ???
Just had a First Amendment idea on teen sexting. Suppose a straight girl sends a pic to a straight girl or a straight boy to a straight boy (maybe just to make a joke of the statute -- sounds like the kind of stunt I would have pulled around 1960).
Fear it is going to end up in the hands of somebody else -- a homosexual male? Sounds a bit of a stretch to set the First Amendment aside for. ???
What legislatures had in mind banning child pornography was the harm done to the child by the act of the adult taking the picture of a naked child for prurient reasons. That is what the gargantuan penalties are for. That is what excepts child porn from the First Amendment.
A girl sexting a picture to a boy she can legally have sex with is not what the legislatures had in mind either count: the picture taking harm or the giant penalties. That would be enough for me not to apply the law to teens if I were a judge instead of a cabdriver -- without the First Amendment, just doesn't apply to what the legislatures had in mind. When sex is not even involved (how about those bruised behind paddling pictures that make the news) that should make three not to apply the harsh laws to teens -- the latter the First.