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"'Sexting' Case to Take Center Stage at 3rd Circuit"

By Douglas A. Berman

The title of this post is the headline of this article in The Legal Intelligencer available via law.com.  Here are the details concerning a case that not only is the first federal circuit court encounter with "sexting," but also raises some important issues of federalism and prosecutorial discretion: A federal appeals court on Friday takes up the growing practice of "sexting" -- in which teenagers transmit nude and semi-nude photos of themselves and others by phone -- as the judges tackle the vexing question of whether such images can be deemed child pornography. The appeal in Miller v. Skumanick stems from a civil rights suit brought by three Wyoming County, Penn., girls against then-District Attorney George Skumanick Jr. alleging that he violated their First Amendment rights with his threat of a child pornography prosecution if they refused to take a class he had designed to educate youths about the dangers of sexting...continue to full post

Full post as published by Sentencing Law and Policy on January 15, 2010 (boomark / email).