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don't laws banning communication (e.g. 'sexting') violate the first amendment?
I was just looking at a question posted by one of my contacts, in which the subject of sexting was broached. It reminded me of an article I read a few months ago about someone who was jailed for 'Illegal Communication.'
Don't these laws violate the first amendment?
Whereas I realize that in any form of communication a person SHOULD be constrained by social mores, common sense, and sensitivity to others values, I'm pretty sure the first amendment of the constitution clearly prevents congress from legislating what or how people communicate.
What do you think? are these laws unconstitutional?
[I will not choose a best answer here, I'll leave it up to the community to vote on it.]
"The First Amendment does not protect things like Porno"?
According to the US supreme court, (cf the people vs Larry Flint) It does.
6 Answers
- RangerLv 71 decade ago
No, the First Amendment of the Constitution never included all speech.
It covers your right to criticize the government. You can get on a box and stand in the park telling everyone why you think the government or a particular law is bad and why everyone should vote for a change. That is protected speech.
The First Amendment does not protect things like Porno, gotta keep it behind the counter in plain brown wrappers, Can't slander someone unless you want to get sued. Can't lie to congress or a Federal Officer without getting arrested and sent to jail. Can't commit perjury in court. Your teacher at school is allowed to tell you to shut up and sit down.
The First Amendment also does not protect obscenity and child porno sent by cell phones.
- MuttLv 71 decade ago
It's only illegal if one or both of the people are under 18. If they are over, it's completely legal.
Is it a 1st Amendment issue if the subject is under 18? I can answer that with another question that is the reason it is illegal; Is child pornography a 1st Amendment issue? The answer to that is NO!
- Anonymous1 decade ago
I'm not aware of any laws in the US that specifically prohibit sending explicit text messages. If you send one to a minor, if you send one to a public official, if you send one to somebody the court has ordered you not to contact, etc, these things can get you in trouble. There might be some local obscenity statutes on the books in a particular jurisdiction but you wouldn't get hit with that unless there were other circumstances.
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- jeff_suzukiLv 41 decade ago
As Chief Justice Holmes said famously, first amendment rights don't protect someone yelling "fire" in a crowded theater. There's ample precedent for restricting freedom of expression. There's even more precedent for restricting freedom of expression when minors are involved (cf. child pornography).
- ?Lv 71 decade ago
Free speech does not protect anybody when they are committing a crime. Sexting between adults is not illegal. If children send naked pictures they are violating the law.
