Chapter 5 Case Study

Vignette: Sexting 

1. Does sexting represent a form of expression that is protected by the First Amendment?

Answer:

Neither the Supreme Court nor, apparently, any other court has yet ruled on this question. There are, however, several things that can be said:
First, if the particular sexting is legally "obscene," then the First Amendment does not protect it. The state and Federal laws that prohibit obscene materials would therefore apply. Today, however, obscenity prosecutions are extremely rare, partly because it is so hard to prove that sexual material is legally "obscene" under applicable "community standards."
Second, and probably more importantly, sexually explicit pictures of persons under 18 are not generally entitled to constitutional protection because of the "child pornography" exception to the First Amendment. Therefore, many believe that anyone who produces such pictures of minors (including pictures taken by teens of themselves) would be outside the protection of the First Amendment and subject to prosecution. The same is true of anyone who knowingly receives, distributes or possesses pictures of minors engaged in sexually explicit conduct (included lascivious exposure).
However, it is not a foregone conclusion that sexting is actually "child pornography" for constitutional purposes. The Supreme Court has recently said it is only when pictures are made by people exploiting children that they are outside the First Amendment (Ashcroft v. Free Speech Coalition). If the Supreme Court adheres to this precedent, then sexting by teens on their own initiative should be protected under the Constitution as long as it is not legally obscene.

REFERENCE: http://wiki.answers.com/Q/How_does_the_first_amendment_apply_in_sexting_cases

2.What can be done to protect people from the dangers of sexting while still safeguarding our
First Amendment rights?

Asnwer:

People must be vigilant on sexting, they must be responsible to keep in safe.

Case Study 3: The Electronic Frontier Foundation

1. Visit the EFF Web site at www.eff.org and develop a list of its current “hot” issues. Research
one EFF issue that interests you, and write a brief paper summarizing EFF’s position.
Discuss whether you support this position and why.
Answer:

2.What reasons might a firm give for joining and supporting EFF?
 Answer: