Questions to consider
1. Does sexting represent a form of expression that is protected by the First Amendment?
ANSWER : 'Sexting' and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having illegally received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions, and the statutory penalties are severe. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur when governmental policies and initiatives built on past truths and values collide with new and unanticipated social phenomena.
The focus of anti-pornography enforcement in recent years has been the child pornography laws. The landmark cases of New York v. Ferber and Osborne v. Ohio have established and defined a categorical exclusion that denies First Amendment protection to sexually explicit visual depictions of minors. Even though Ferber and Osborne may not strictly speaking require a conclusion that sexting and other autopornography are unprotected speech, at least some lower courts and prosecutors appear to regard them that way.
2. What can be done to protect people from the dangers of sexting while still safeguarding our First Amendment rights?
ANSWER : While this behavior is perfectly legal and accepted among consenting adults, teenagers who similarly experiment with this communicative outlet are often dragged into the judicial system by police officers, prosecutors, and judges. They reflexively categorize the activity as a child pornography offense and proceed to utilize the strict laws designed to protect children as devastating weapons against them. Often, juveniles prosecuted for this behavior end up being included on the
public sex offender registry alongside the worst child molesters and pedophiles.
Discussion questions
1. Visit the EEF 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 : From the Internet to the iPod, technologies are transforming our society and empowering us as speakers, citizens, creators, and consumers. When our freedoms in the networked world come under attack, the Electronic Frontier Foundation (EFF) is the first line of defense. EFF broke new ground when it was founded in 1990—well before the Internet was on most people's radar—and continues to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today. From the beginning, EFF has championed the public interest in every critical battle affecting digital rights.
Blending the expertise of lawyers, policy analysts, activists, and technologists, EFF achieves significant victories on behalf of consumers and the general public. EFF fights for freedom primarily in the courts, bringing and defending lawsuits even when that means taking on the US government or large corporations. By mobilizing more than 140,000 concerned citizens through our Action Center, EFF beats back bad legislation. In addition to advising policymakers, EFF educates the press and public.
2. What reasons might a firm give for joining and supporting EFF?
ANSWER : It's my firm belief that there is no greater catalyst for the success of a society than liberty. History tells that story again and again around the world. As new aspects of society -- and whole new societies -- are built online, the EFF's mission is to protect that liberty. The payoff, if it succeeds, is tremendous, a huge increase in economic prosperity and an incalculable dividend of personal freedom
3. The vice president of public affairs for your midsized telecommunications equipment company has suggested that the firm donate $10,000 in equipment and services to EFF and become a corporate sponsor. The CFO has asked if you, the CIO, support this action. What would you say?
ANSWER : The EFF's primary cost is the staff, who because they work much harder than their salaries would warrant, are themselves all donors. This staff works to get the message out and organize the fight for digital liberty, and our on-staff attorneys make the difference in court and legislative battles on all fronts.
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