Sext Ed: Obscenity versus Free Speech in Our Schools: Obscenity versus Free Speech in Our Schools

by Joseph Oluwole, Preston C. Green III

Overview

In several states, teenagers who engage in "sexting" could be in violation of child pornography laws—and if convicted of such, teens could end up on sex offender lists with rapists and child molesters. The authors of this text examine this thorny issue, arguing that teenagers who have engaged in consensual sexting should not automatically be punished under child pornography laws. Equally important: the book presents in-depth analysis of the issue of school regulations on sexting pursuant to the Free Speech Clause.

This book is the first volume devoted to the topic of consensual student sexting, and how the First Amendment may apply to this unique 21st-century phenomenon. It provides an overview of sexting laws in the United States and does a thorough job of discussing the First Amendment issues that all policymakers, educators, and child advocates should be aware of.

Product Details

ISBN-13:	9781440829284
Publisher:	ABC-CLIO, Incorporated
Publication date:	05/09/2013
Sold by:	Barnes & Noble
Format:	eBook
Pages:	382
Sales rank:	699,896
File size:	2 MB

About the Author

Joseph O. Oluwole, PhD, JD, is professor of education law at Montclair State University. He has also served as assistant attorney general for the state of Ohio.

Preston C. Green III, JD, EdD, is Harry Lawrence Batschelet II Chair Professor of Educational Administration and professor of education and law at Penn State University.

Table of Contents

Tables and Figures vii

Foreword Eunice A. Grippaldi ix

Acknowledgments xiii

1 Introduction 1

2 The Sexting Portrait: The Numbers and the Human Stories 9

3 Child Pornography and Obscenity Statutes 19

4 Obscenity Precedents and Consensual Sexting 25

5 Child Pornography Precedents and Consensual Sexting 51

6 The Authority of Schools to Regulate Student Speech 71

7 Sexting: Culturally Normal Adolescent Behavior 95

Appendix A What Do the Statutes State? 117

Appendix B Diverse Statutory Punishments for Felonies and Misdemeanors 273

Notes 335

Bibliography 375

Index 379

What People are Saying About This

Mark A. Gooden

"Drawing from solid, cutting-edge legal research and the current climate of teen-influencing pop culture, Oluwole, Green, and Stackpole have skillfully written a useful volume that intentionally and even-handedly unravels the thorny challenges associated with sexting. By doing so, they help us really take a forward-looking perspective that has the interest of children squarely at the center. Specifically, this comprehensive work will undoubtedly help leaders and laymen better understand how to address the range of issues associated with texting and technology, while still maintaining an objective of preserving students' rights and maintaining order in schools."

Julie F. Mead

"In Sext Ed: Obscenity Versus Free Speech in Our Schools, Oluwole, Green, and Stackpole provide a comprehensive and thought-provoking examination of consensual, student-to-student sexting. Their careful analysis of the extent of the phenomenon and the penalties ascribed to it by both school officials and the justice system deserve discussion and reflection. They call for calmer, rational voices to examine both intent and effect before reacting to adolescent behavior with severe penalties designed in response to other problems and long before technology was a ubiquitous aspect of teen life. This book makes a valuable contribution to our consideration of the topic and to the issue of the balance between state authority and individual freedoms, especially when those individuals are our children. "

Dr. Suzanne E. Eckes

"This book is the first of its kind. It is comprehensive and covers important topics related to data on sexting, state laws that address the issue, and important legal cases. This book is a must-read for teachers, parents, administrators, and policymakers."