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18 CommLaw Conspectus 1 (2009-2010)
Sex, Cell Phones, Privacy, and the First Amendment: When Children Become Child Pornographers and the Lolita Effect Undermines the Law

handle is hein.journals/cconsp18 and id is 9 raw text is: SEX, CELL PHONES, PRIVACY, AND THE FIRST AMENDMENT: WHEN CHILDREN BECOME CHILD PORNOGRAPHERS AND THE LOLITA EFFECT UNDERMINES THE LAW Clay Calvert' 1. INTRODUCTION It is a sure-fire recipe for legal trouble: combine hormone-raging teens with image-transmitting technologies, and then stir them together in a sex-saturated society replete with outdated laws and a criminal justice system that never could have anticipated such a combustible confluence of forces. Signs and symptoms of this salacious problem are cropping up across the United States: - In March 2009, a fourteen-year-old boy in Brooksville, Florida, was ar- rested and accused of sending a picture of his genitalia to the cell phone of a female high school classmate. - That same month, a fourteen-year-old girl from Passaic County, New Jer- sey, faced child pornography charges after posting nearly 30 explicit nude pictures of herself on MySpace.com---charges that could force her to register as a sex offender if convicted.2 - In January 2009, three high school girls from Westmoreland County, Pennsylvania were charged with manufacturing and disseminating or possess- t Professor and Brechner Eminent Scholar in Mass Communication, University of Flor- ida, Gainesville, Fla. B.A., 1987, Communication, Stanford University; J.D. (Order of the Coif), 1991, McGeorge School of Law, University of the Pacific; Ph.D., 1996, Communica- tion, Stanford University. Member, State Bar of California. The author thanks Patrick Hani- fin for his review of early drafts of this article. I Boy Accused of Texting Sexually Explicit Photo, ST. PETERSBURG TIMES (Fla.), Mar. 3, 2009, at Hernando Times 3. 2 Beth DeFalco, Teen Charged with Child Porn After She Posts Nude Shots of Herself on MySpace, VIRGINIAN-PILOT (Norfolk, Va.), Mar. 27, 2009, at A5.

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