Child pornography is exempt from First Amendment protection. However, in the age of “sexting,” social networking websites, and digital cameras, teens are increasingly engaging in behaviors that meet the legal definition of child pornography. Some minors have even been prosecuted and convicted for images they have taken of themselves. This article takes a critical look at the justifications for regulating child pornography created or consumed by minors and raises potential constitutional and statutory challenges to some prosecutions of minors under child pornography laws.
Examines the impact of Ashcroft v. Free Speech Coalition on child pornography laws and reviews empirical research on pornography and its effects.
Argues the need for enforceable laws requiring commercial pornography providers to restrict children's access to pornography on the internet.
Federal and state governments can constitutionally puish the purveyors of obscenity.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.