Children, Sexuality, and the Law by Sacha M. Coupet & Ellen Marrus

Author:Sacha M. Coupet & Ellen Marrus
Language: eng
Format: epub
Tags: LAW038010 Law / Family Law / Children
Publisher: New York University Press

Twentieth-Century Constitutional Context

Modern First Amendment analysis protects photography no less than painting as a medium of expression.9 The Court has recognized that private communication no less than public debate falls within that protection.10 Doctrine established in the 1970s holds that “‘nudity alone’ does not place otherwise protected material outside the mantle of the First Amendment.”11 So on its face, sexting appears to be protected speech.

There are, however, exceptions.

Distribution of “obscene” material may be prosecuted, free-speech guaranties notwithstanding. Since Miller v. California in 1973, images (and words) can be prosecuted as “obscene” where three conditions are met: a finder of fact must determine that

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