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16 Va. J.L. & Tech. 189 (2011)
Constitutional Protection of Sexting in the Wake of Lawrence: The Rights of Parents and Privacy

handle is hein.journals/vjolt16 and id is 189 raw text is: VIRGINIAJOURNAL OF LAW & TECHNOLOGY SPRING 2011 UNIVERSITY OF VIRGINIA VOL. 16, No. 01 Constitutional Protection of Sexting in the Wake of Lawrence: The Rights of Parents and Privacy CLAUDIO J. PAVIAt ABSTRACT This article discusses the adolescent practice of sexting, which involves teens taking nude or explicit photographs of themselves with cellular phones and transmitting the images to romantic partners, friends, or classmates. Although this activity is legal when conducted by adults, minors risk prosecution for the creation and distribution of child pornography. The irony is that children are treated as criminals for violating laws that were written to protect them. This article adds to the current debate by taking a unique constitutional approach. Sexting should be protected as a right of privacy and as part of the fundamental rights of parents. The implications of this paper extend beyond sexting and examine how the Constitution and Lawrence v. Texas should protect the rights of individuals to engage in harmless behavior that runs against majoritarian moral judgments. C 2011 Virginia Journal of Law & Technology Association, at http://www.vjolt.net. Use paragraph numbers for pinpoint citations. T C.J. Pavia is a member of the Class of 2011 at the University of Virginia School of Law and serves as Notes Editor of the Virginia Law Review. He received a B.A. in American History from the University of Pennsylvania in 2006. He would like to thank Professor Anne Coughlin for her guidance and encouragement while developing the arguments in this paper and for her invaluable comments on the first drafts. VIRGINIA JOURNAL OF LAW & TECHNOLOGY Vol. 16 No. 01

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