Texas Court Ruling Protects Sexting as Free Speech (even with minors) (1 Viewer)

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

 

[jon_mx]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

 

[Rayderr]

I'm actually bothered a bit more about this:

"We really work hard at limiting sex offenders' contact with children through the internet and through Facebook. We do polygraph offenders on a regular basis to make sure that they're not on Facebook and that they're not on social websites and things like that."

Polygraphs are a joke. There's a reason why they're not allowed in a court of law. They're unreliable and have no scientific basis.

 

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

 

[pollardsvision]

Doesn't seem like anything to get worked up about. It seems they just thought the law as too broad.

Though, I'm not sure the legality of any of these situations.

Whether in-person, online, or via text, where's the line that goes from highly inappropriate (you'll get fired and have your life ruined) to illegal? (regarding verbal or written communication from an adult to a child)

 

[pollardsvision]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know anything about the case that started this.

Did a teacher sexually proposition a student with a text, and not get fired? or Are you upset that they aren't being arrested?

The article doesn't mention not being able to fire a teacher for sexting a student.

 

[SaintsInDome2006]

Easterling said he doesn't expect sexting in Texas to be allowed for long. "I can't imagine that this will stand through another legislative session. If they said the legislation was too broad, then I have a feeling the legislature will meet and tighten that up."

It sounds like no one is ok with it.

I also don't think that teacher is getting scott free either.

 

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know anything about the case that started this.

Did a teacher sexually proposition a student with a text, and not get fired? or Are you upset that they aren't being arrested?

The article doesn't mention not being able to fire a teacher for sexting a student.

More detail here:

http://www.kprcradio.com/articles/houston-news-121300/texas-court-sexting-is-free-speech-12106399/

If the point of this court ruling is to write better legislation, then OK. Do it quick. I know you can not legislate morality, but I think we should legislate for the well-being of minor children.

I guess my concern is from the parent side. I would be LIVID if anyone sent my minor child a 'suggestive' text, but stopped just short of actually asking for or soliciting sex. Now it seems logical that a sexter can walk the tightrope and stay just behind the line in the sand. Hard to accpet that as 'legal', because the tightrope being walked deals directly with the well-being of minors. But there is a whole lot of things that are hard to accept. Just another one.

I would hope in any circumstance like this with a teacher, that teacher would lose their job. Criminal Some kind of charges, I would also say yes. I see no reason why sexting a minor should not be a chargable offense.

*Edited after my no prision comment below...?, because I am honest enough to say I have no idea what charges bring prision time.

 

[jon_mx]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

The article says he avoided prosecution, which is different than being fired. The teaching should be fired. The teacher should not face prison time for a text.

 

[Zow]

Doesn't seem like anything to get worked up about. It seems they just thought the law as too broad.

Though, I'm not sure the legality of any of these situations.

Whether in-person, online, or via text, where's the line that goes from highly inappropriate (you'll get fired and have your life ruined) to illegal? (regarding verbal or written communication from an adult to a child)

1. Exactly. A law cannot be vague and over broad. Sounds like just simply poor legal writing.

2. In my state, there is a criminal law criminalizing soliciting a minor for sex. Sexting would fall under this. And this law has stood up against Free Speech arguments.

 

[TobiasFunke]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know if this is true. The court struck down only one law as overly broad and the article makes no mention of any other potentially applicable laws.

I don't know anything about sex crime laws (I like 'em mature and willing), but I assume there are certain things an adult might say to a minor that would violate other parts of the criminal code. And I certainly wouldn't put it past a journalist to ignore that possibility to make a story sound more sensational than it is.

 

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

The article says he avoided prosecution, which is different than being fired. The teaching should be fired. The teacher should not face prison time for a text.

Not suggesting prision time. But I suggest he should stand in front of a judge and answer charges. I hope he was fired.

 

[jon_mx]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

The article says he avoided prosecution, which is different than being fired. The teaching should be fired. The teacher should not face prison time for a text.

Not suggesting prision time. But I suggest he should stand in front of a judge and answer charges. I hope he was fired.

Why would he stand in front of a judge if he were not facing prison time?

This is an issue for the school to resolve and hopefully they did already. Going to court is for criminal activity and a text does not rise to that level, IMHO.

 

[Zow]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know if this is true. The court struck down only one law as overly broad and the article makes no mention of any other potentially applicable laws.

I don't know anything about sex crime laws (I like 'em mature and willing), but I assume there are certain things an adult might say to a minor that would violate other parts of the criminal code. And I certainly wouldn't put it past a journalist to ignore that possibility to make a story sound more sensational than it is.

I'm no expert on Texas law, but I am very confident in saying that there is.

Also, journalists often misinterpret legal decisions. Be that a court proceeding, a judge's basis for a ruling, a charge, or a supreme court decision.

 

[Long Ball Larry]

won't somebody please think of the children?!

 

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

The article says he avoided prosecution, which is different than being fired. The teaching should be fired. The teacher should not face prison time for a text.

Not suggesting prision time. But I suggest he should stand in front of a judge and answer charges. I hope he was fired.

Why would he stand in front of a judge if he were not facing prison time?

This is an issue for the school to resolve and hopefully they did already. Going to court is for criminal activity and a text does not rise to that level, IMHO.

Hey Jon. I am honest enough to say I do not know that answer. Is there not a court process that when presented with txt records (pretty clear and I imagine highly reliable), will yeild fines and 'marks' on someones record? I guess that is what I would hope for.

 

[Long Ball Larry]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know anything about the case that started this.

Did a teacher sexually proposition a student with a text, and not get fired? or Are you upset that they aren't being arrested?

The article doesn't mention not being able to fire a teacher for sexting a student.

More detail here:

http://www.kprcradio.com/articles/houston-news-121300/texas-court-sexting-is-free-speech-12106399/

If the point of this court ruling is to write better legislation, then OK. Do it quick. I know you can not legislate morality, but I think we should legislate for the well-being of minor children.

I don't know that that is the point of the ruling. The point of the ruling is that "a state law concerning the online solicitation of a minor violates First Amendment rights is too broad." They felt that according to the way the law was written, then they could not completely say that he had violated a law.

And it sounds like they will look into correcting the law in the future.

This news organization then ran with a headline that they thought would make people more outraged and read/watch more. Mission accomplished.

 

[Knocks]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know anything about the case that started this.

Did a teacher sexually proposition a student with a text, and not get fired? or Are you upset that they aren't being arrested?

The article doesn't mention not being able to fire a teacher for sexting a student.

More detail here:

http://www.kprcradio.com/articles/houston-news-121300/texas-court-sexting-is-free-speech-12106399/

If the point of this court ruling is to write better legislation, then OK. Do it quick. I know you can not legislate morality, but I think we should legislate for the well-being of minor children.

I don't know that that is the point of the ruling. The point of the ruling is that "a state law concerning the online solicitation of a minor violates First Amendment rights is too broad." They felt that according to the way the law was written, then they could not completely say that he had violated a law.

And it sounds like they will look into correcting the law in the future.

This news organization then ran with a headline that they thought would make people more outraged and read/watch more. Mission accomplished.

I agree, it needs to be corrected.

 

[TobiasFunke]

Unbelievable...

I hope there is more to the story than whats here, because as a father I am very bothered that someone can do this with a minor and not only claim but have protection under free speech.

http://www.newschannel10.com/story/24835179/texas-court-rules-sexting-as-free-speech

I favor free speech.

To be clear.

You are OK that a teacher can text overtly sexual messages with a minor student and not be limited in that by any law?

And then that same teacher (I imagine) could not be dismissed because "free speech" protects that communication?

I am not.

I don't know anything about the case that started this.

Did a teacher sexually proposition a student with a text, and not get fired? or Are you upset that they aren't being arrested?

The article doesn't mention not being able to fire a teacher for sexting a student.

More detail here:

http://www.kprcradio.com/articles/houston-news-121300/texas-court-sexting-is-free-speech-12106399/

If the point of this court ruling is to write better legislation, then OK. Do it quick. I know you can not legislate morality, but I think we should legislate for the well-being of minor children.

I don't know that that is the point of the ruling. The point of the ruling is that "a state law concerning the online solicitation of a minor violates First Amendment rights is too broad." They felt that according to the way the law was written, then they could not completely say that he had violated a law.

And it sounds like they will look into correcting the law in the future.

This news organization then ran with a headline that they thought would make people more outraged and read/watch more. Mission accomplished.

I agree, it needs to be corrected.

Couldn't the adult just say or write on paper whatever it was they intended to text that you think is worthy of criminal prosecution? If not, why wouldn't the law that captures that behavior also capture the text?