Legal Periodical: “Constitutional Protection Of ‘Sexting’ In The Wake Of Lawrence: The Rights Of Parents And Privacy”

This article discusses the adolescent practice of “sexting,” which involves teens taking nude or explicit photographs of themselves with cellular phones and transmitting the images to romantic partners, friends, or classmates. Although this activity is legal when conducted by adults, minors risk prosecution for the creation and distribution of child pornography. The irony is that children are treated as criminals for violating laws that were written to protect them. This article adds to the current debate by taking a unique constitutional approach. Sexting should be protected as a right of privacy and as part of the fundamental rights of parents. The implications of this paper extend beyond sexting and examine how the Constitution and Lawrence v. Texas should protect the rights of individuals to engage in harmless behavior that runs against majoritarian moral judgments.