"Sexting," teen culture, technology, scandal | Salon LifeThere's good reason to be concerned about teens being self-pornographers. But many, especially legal experts, are disturbed by the fact that a healthy horn-dog of a teenager could be grouped in the same criminal category as a clinically ill pedophile. "These cases are picturing these teenagers as both predators and victims of themselves," says Amy Adler, a law professor at New York University who has studied child porn laws. "Child porn law was founded on a very different vision of what the major threat was."
That major threat, of course, is supposed to be adults who produce and peddle child smut. Reed Lee, a Chicago attorney and board member of the Free Speech Coalition, says: "A law to protect victims shouldn't send those very victims to jail."...
... it's tough to impress those kinds of nuances on kids, says Los Angeles criminal defense attorney Jeffrey Douglas. He once spoke to a high school class and tried to explain that, even though everyone seems to be "sexting," it "can literally destroy your life." The response? A boy rolled his eyes while making a grand jack-off gesture. "It's just the bullshit that adults tell them when they come to talk to them," he said. "It's tragically funny."
Douglas points out that the bungled law reveals fascinating cultural conflicts about childhood and teen sexuality. "I think the problem originates from the pathological fear that our culture, particularly the legal part of the culture, takes toward juvenile sexuality." He has defended numerous child porn cases and says prosecutors will treat the exchange of trial evidence like "an undercover heroin deal." Douglas says, "The fear is so enormous that it's like you're dealing with something radioactive. They don't consider the context or the meaning."
The context here is that teens are undertaking the sexploration that our porned culture at once dictates and forbids -- in the same way that girls are taught that there is desirable validation in their sexuality and then are shamed for actually being sexual....