Monday, April 19, 2010
From the ABA Journal:
A federal appeals court has upheld an injunction that bars the child pornography prosecution of a teen girl in Pennsylvania who appeared topless in a photo that ended up on high school students’ cell phones.
The opinion by the 3rd U.S. Circuit Court of Appeals is the first decision by a federal appeals court involving "sexting," according to the New York Times, the Associated Press, the Legal Intelligencer and the Philadelphia Inquirer. The opinion (PDF) found that the teen and her mother had a likelihood of success on the merits of their First and 14th Amendment claims.