Using Laws Designed to Protect as a Weapon: Prosecuting Minors under Child Pornography Laws


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.

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