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Sexting among adults is unquestionably protected expression under the First Amendment.
For minors, unfortunately, sexting is an entirely different matter.
We expect the case, to be decided sometime this year.
For now, these cases are happening around the country, and kids really are being convicted of felonies and registered as sex offenders for taking intimate pictures of themselves. While we don’t have to acquiesce to such behavior, criminal penalties are not the solution.
This is not what child pornography laws were meant for, and the time has come to address the issue rationally and reasonably, before it is too late.For example, individuals who are dating might send each other nude pictures.Because, however, the pictures involved in sexting are digital, it is easy for recipients to distribute them in ways that the original sender never intended or imagined.One may have any number of personal objections to sexting, but as long as sexted images are taken voluntarily and shared consensually, it is none of the government’s business.A couple should be able to intimately share naked pictures of each other if they so choose.