UK: Teachers get ‘sexting’ curb guide

PA: ACLU may sue over Greensburg teens’ ‘sexting’ charges

Split 2nd Cir. Upholds Coach’s 30-Yr. Sentence For Sexting Child Porn, Guidelines Called for Life

Sexting: Parents need to understand social pressures and behavior

Few teens sexting racy photos, new research says

Nova Scotia: Sexting teens warned about child porn

OK: Lawmakers discuss fair punishment for sexting teens

Lawmakers Propose Teen ‘Sexting’ Law

‘Sexting’ case creates cell phone use awareness for parents

NJ: Sexting Case At Middle School Could Lead To Arrests

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

FL: Parents sue school district over daughter’s ‘sexting” suicide

A Girl’s Nude Photo, and Altered Lives

States Struggle With Minors’ Sexting

Why Do We Let Them Dress Like That?

One in four pupils admit swapping porn images of themselves by text message

Short film warns young people of dangers of ‘sexting’

`Sexting’ Bill Filed in SD Legislature

Bill would let “sexting” NJ teens avoid charges

Law student suggests changes to “sexting” laws

    Daily Iowan: “University of Iowa third-year law student Elizabeth Ryan is trying to prevent the life-altering destruction sexting can have on the lives of teens and young adults. Ryan hopes her article . . . will bring attention to an issue she said has become more prevalent as technology continues to develop. Her article suggests that states may benefit from creating new laws against sexting instead of relying on old laws regarding obscenity or pornography, which often come with harsh punishments.”


  • Posted: 01/18/2011
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  • Category: Miscellaneous

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“Sexting” minors are target of S.C. bill

Law Review: How the state can prevent unintended consequences in punishing sexting by minors

Proposed Texas law would make sexting by minors a misdemeanor

Law Review: Sensible Legal Approaches to Teenagers’ Exchange of Self-Produced Pornography

    Stemming Sexting: Sensible Legal Approaches to Teenagers’ Exchange of Self-Produced Pornography
    Elizabeth C. Eraker, 25 Berkeley Tech. L.J. 555 (2010)

    “The term sexting often describes a broad range of behaviors that differ radically in terms of the actors, motivations, and tactics involved. In this Note, the term ‘sexting’ refers to the self-production and distribution by cell phone of sexually explicit images in the course of consensual, voluntary activity by teenagers. This definition describes a phenomenon differing from the use of texting by sexual predators to exploit youth, a set of issues that is not addressed here, and the use of sexting to cyberbully. This Note focuses primarily on the typical sexting case involving the limited exchange of provocative messages concerning consensual sexual activity between willing participants.

    The prevalence of sexting and the severity of its consequences have prompted state and federal policymakers to consider various legislative proposals, from crafting new criminal offenses to introducing educational programs. In exploring appropriate legal responses to sexting, this Note attempts to strike a balance between competing policy objectives, such as teenage privacy and the state’s interest in preventing child sexual abuse and child pornography, while respecting the extent to which the digital revolution changed how teenagers communicate and interact in social spaces. While society may want to minimize teenagers’ production and distribution of provocative images even under consensual and private circumstances, sexting should be exempt from treatment under child pornography statutes. In Part I, this Note explores the sexting phenomenon and its underlying causes in the context of a digital generation of teenagers. Part II surveys the varied responses of authorities to sexting incidents, including prosecutors and state legislators. Part III discusses the range of policy issues implicated in designing an appropriate legal framework to address sexting. Part IV concludes by suggesting several legislative components that could help authorities discipline the harms of sexting without resorting to ill-suited child pornography statutes.”


  • Posted: 11/19/2010
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  • Category: Miscellaneous
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  • Source: www.btlj.org

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Groups challenge expanded Mass. obscenity law

Wisconsin governor seeks to remove sexting DA

Pa. school district settles sexting lawsuit

Wis. prosecutor who ‘sexted’ victim won’t resign

Law Review: The First Amendment Implications of Sexting at Public Schools

    The First Amendment Implications of Sexting at Public Schools: A Quandary for Administrators Who Intercept Visual Love Notes
    Robert H. Wood, 18 J.L. & Pol’y 701 (2010)

    “This Article analyzes the First Amendment implications of this type of student speech and concludes that when balancing the competing interests of school discipline and the constitutional rights of minors, school administrators should accord greatest weight to students’ First Amendment rights. By doing so, school administrators will protect minors from the uncertain fates of the criminal justice system where child pornography laws often punish sexting by minors.”


  • Posted: 08/20/2010
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  • Category: Miscellaneous

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NRO interview with Bill Bennet: Taking the sex out of texting

    National Review Online: “National Review Online’s Kathryn Jean Lopez talked to Bennett about this private-sector effort to help families . . . KATHRYN JEAN LOPEZ: Shouldn’t parents know who is texting their children, and what the communications are about? WILLIAM J. BENNETT: On the first part, absolutely. On the second, yes, in ugly or bad cases. A key thing about allowing children to text and have smartphones is for parents to have a conversation with their children first — a very serious conversation. MouseMail and other products for older children require such a conversation and enhance it.”


  • Posted: 08/12/2010
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  • Category: Marriage & Family
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  • Source: article.nationalreview.com

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Law Review: Sexting or Self-Produced Child Pornography?

    Mary Leary, Sexting or Self-Produced Child Pornography? The Dialogue Continues – Structured Prosecutorial Discretion within a Multidisciplinary Response (April 1, 2010). Virginia Journal of Social Policy and the Law, Vol. 17, No. 3, Spring 2010; CUA Columbus School of Law Legal Studies Research Paper No. 2010-31. Available at SSRN: http://ssrn.com/abstract=1657007

    “This article builds on the concept that the solution does not lie in the criminal law. Rather, it seeks to refocus the debate by suggesting that part of the solution depends on the formation of a comprehensive ‘smart’ response. To accomplish this, society and its institutions (educational, social service, religious, law enforcement, legal, and civic) must come together and form a considered strategy that encourages prevention and a smart response when prevention fails. This article examines the role of prosecution, if any, in that ‘smart’ response. This article argues against the use of blunt instruments that fail to recognize the complexity of SPCP. These extremes include ‘zero tolerance’ policies, which in most cases do far more harm than good; decriminalization, which prevents a prosecutor from ever abusing his or her discretion, but also precludes juvenile court intervention even where the conduct is particularly egregious or the youth is in particular need of such; or an ad hoc approach by prosecutors which risks inconsistency, unfairness, and bias.”


  • Posted: 08/12/2010
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  • Category: Miscellaneous
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  • Source: ssrn.com

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Case highlights inconsistency between N.Y. statutory rape laws, federal child porn laws

PA working to outlaw teen sexting

ACLU, Internet groups sue Mass. over obscenity law that covers IMs, text messages, e-mail

Law Review: A Legal Response is Necessary for Self Produced Child Pornography

    Susan Duncan, A Legal Response is Necessary for Self Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill (July 5, 2010). Available at SSRN: http://ssrn.com/abstract=1635067

    “This Article explores self produced child pornography, known in the media as ‘sexting,’ and offers a balanced, multi-faceted approach including both a legal response and education. Currently, states are modifying their laws because applying existing child pornography statutes to self produced child pornography results in a punishment which does not fit the crime. The author analyzes and critiques these proposed statutes finding none adequately address the multiple facets of the self produced child pornography problem. The Article concludes by offering a checklist of important provisions legislators should consider and proposed language legislators can incorporate into their bills. Policymakers and scholars will gain an excellent summary of both the problem and the arguments advanced by scholars studying the issue, as well as a template for solving the problem after reading this Article.”


  • Posted: 07/07/2010
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  • Category: Miscellaneous
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  • Source: ssrn.com

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PA House passes teen sexting bill

NYC Department of Education proposes to suspend students that are caught ‘sexting’

OK – Teens Branded Sex Offenders

PA: Ex-student sues district for seizing her nude pics

    Philadelphia Inquirer: “[A] recent graduate in northeastern Pennsylvania has filed a federal law suit claiming her former high school principal seized her cell phone and turned it over to prosecutors when he found ‘explicit’ photographs of her on it. . . . The former student – who was never charged with any crime – claims she was subject to unreasonable search and seizure, invasion of privacy, and that her First Amendment right to free expression was violated. by the American Civil Liberties Union. The suit was filed Thursday on behalf of the former student, identified as N.N., by the American Civil Liberties Union.” | For more on the initial case, see these two ADF Alliance Alert case tags: http://www.alliancealert.org/tag/zz-miller-v-skumanick/ | http://www.alliancealert.org/tag/zz-miller-v-mitchell/


  • Posted: 06/16/2010
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  • Category: Miscellaneous
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  • Source: www.philly.com

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Law on sexting proposed

“Sexting” by juveniles would be illegal in Ohio House bill

PA: Student Sues School for Damages in Sexting Case

Suit returns PA “sexting” district to spotlight

CT: Legislature passes new sexting law

Sex and tech: Results from a survey of teens and young adults

Florida House ignores sexting bill

PA: Prosecutors barred from charging girls in sexting case

Illinois lawmakers send sexting bill to governor

Law Review: Sexting and Teenagers

    Sexting and Teenagers: OMG R U Going 2 Jail?
    Catherine Arcabascio, 16 Rich. J.L. & Tech. 10 (2010)

    “Part I of this article discusses the potential roots of this behavior between and among teenagers. It discusses youth, the technology that makes this behavior possible, and the natural tendencies of teenagers. Part II illustrates different types of cases that have resulted in either prosecutions or threats of prosecution under state pornography statutes. Part III discusses various issues surrounding the controversial prosecution of teenagers for sexting, including the treatment of teenagers as pornographers, the breadth of prosecutorial discretion in charging determinations, and the role of parents, schools, and the media. Part IV reviews and critiques recent legislative responses to sexting and provides suggestions for future legislation. It maintains that while there is no perfect ‘one size fits all’ solution to sexting, punishing teenagers who sext as child pornographers is not the solution. Rather, some of these teens do not deserve to be punished criminally for their behavior. Finally, if legislators are intent on creating a criminal offense, they should only criminalize the unlawful dissemination of the digital photos to others. Arguably, there are teenagers who may be actual pornographers that should be charged with child pornography, but these criminals are not the focus of this article and will not be discussed in any detail.”


  • Posted: 04/28/2010
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  • Category: Miscellaneous
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  • Source: jolt.richmond.edu

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Supreme Court considers workplace email/texting privacy and whether animal cruelty videos are protected speech

U.S. Supreme Court to hear “sexting” case

Microsoft deleting “sexting” from ad

PA: Town meeting to tackle sexting

Florida lawmakers debate sexting bill

Gov. Patrick signs bill to outlaw “sexting” to minors

Sexting and texting teens need parental controls

    Wired: “The real question isn’t about having a smart phone or not, the real question is what are you as a parent doing to ensure your child’s security and/or appropriate behavior? Whether parents want to accept this fact or not is up to them, but teens are still children and their security and well-being is the responsibility of not only themselves and their school – but primarily of their parents . . . Parents are the ones who set the tone for behavior, parents are the ones who teach (or don’t teach) responsibility and morality . . . Sadly, a good portion of the current youth populace seems to have little regard for the privacy and personal safety of their peers, as evidenced by the articles linked above. With reckless abandon they have no problem sending a naked picture to everyone in class, disregarding the implications of that action (in some cases unfortunately, suicide.) This is behavior, not technology.”


  • Posted: 04/06/2010
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  • Category: Miscellaneous
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  • Source: www.wired.com

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Arizona House committee to hear sexting bill

FL: Lawmakers want “sexting” penalties eased to remove porn charge

FL: Sexting bill passes House committee

Virginia: Courts, schools hit with sexting

National Conference of State Legislatures: 2010 legislation related to sexting

Sexting bill passes Illinois Senate

KY: State bill discouraging sexting advances

Law Review: Introducing a lesser juvenile charge for sexting with an “aggravating factors” framework

PA: House Judiciary Committee vote on sexting bill expected Wednesday

Illinois: Senger’s sexting bill advances to House floor

It is time to prosecute obscenity

AZ: Senate cracks down on teen sexting

RI: General Assembly bill would ease penalty for sexting

Texas AG warns teens, parents about sexting dangers

Kansas City Attorney Chris Angles Explains Teen Sexting and the Law

KY: Sexting bill sails through House Judiciary Committee