Sext Ed: Obscenity Versus Free Speech in Our Schools: Obscenity Versus Free Speech in Our Schools

In several states, teenagers who engage in "sexting" could be in violation of child pornography laws—and if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause. This book is the first volume devoted to the topic of consensual student sexting, and how the First Amendment may apply to this unique 21st-century phenomenon. It provides an overview of sexting laws in the United States and does a thorough job of discussing the First Amendment issues that all policymakers, educators, and child advocates should be aware of. Schools need to be able to regulate sexting, but at what point are administrators infringing on students' rights? Is teenage sexting a violation of child pornography laws? This book tackles these tough issues and others. In several states, teenagers who engage in "sexting" could be in violation of child pornography laws—and if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause. This book is the first volume devoted to the topic of consensual student sexting, and how the First Amendment may apply to this unique 21st-century phenomenon. It provides an overview of sexting laws in the United States and does a thorough job of discussing the First Amendment issues that all policymakers, educators, and child advocates should be aware of. Provides clear analysis of current child pornography statutes and case law Discusses the unintended consequences of sexting to the lives of teenagers Presents suggestions regarding how pornography laws can be adjusted to account for adolescent behavior in the modern context Cover 1 Contents 6 Tables and Figures 8 Foreword 10 Acknowledgments 14 1. Introduction 16 2. The Sexting Portrait: The Numbers and the Human Stories 24 3. Child Pornography and Obscenity Statutes 34 4. Obscenity Precedents and Consensual Sexting 40 5. Child Pornography Precedents and Consensual Sexting 66 6. The Authority of Schools to Regulate Student Speech 86 7. Sexting: Culturally Normal Adolescent Behavior 110 Appendix A: What Do the Statutes State? 132 Appendix B: Diverse Statutory Punishments for Felonies and Misdemeanors 288 Notes 350 Bibliography 390 Index 394 A 394 B 394 C 394 D 395 E 395 F 395 G 395 H 395 I 395 J 395 K 395 L 395 M 396 N 396 O 396 P 396 R 396 S 396 T 397 U 397 V 397 W 397 In several states, teenagers who engage in ""sexting"" could be in violation of child pornography lawsâ€"and if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause. ||This book is the first volume devoted to the topic of consensual student s