"How can anyone think that the ACLU is right in this case? I'm not an advocate of government involvement in most cases, but these kids have no idea what they are doing when they take these pictures and distribute them at 13 years old. Guess, what - pixels don't forget."
Ignoring the fact that the very phrase "have no idea what they are doing," should be a clear indicator of how the law should treat them, I feel that this comment and the people who might make similar comments deserve more than a one-off comment. There are many reasons that this doesn't really make any sense, here.
- No one is saying that these girls were behaving responsibly
- No one is saying that we should encourage such behavior
- The girls involved will almost certainly have to deal with some degree of ongoing fallout from this case (at the very least, they'll probably put up with a lot of off-color teasing and humiliation at school)
- This case is entirely about the inappropriate use of child porn laws being used to brand a young person as a child pornographer for making and distributing photographs of themselves to their friends.
But to claim that we should destroy the hopes and dreams of a minor (and that's what being branded as a child pornographer will do) for giving their friends a picture of themselves in a provocative pose or even while naked or partially naked, is entirely disproportionate. If the goal is to teach an important life lesson, then you confiscate their phone for a year and charge them with public indecency.
There are two reasons you don't charge them with child pornography. The first is detailed above. The second reason is that doing so dilutes the moral condemnation of real child pornography, which creates an environment which fosters physical and sexual abuse of minors, human trafficking and other severe and horrible social ills that have no parallels in this case.
If we forget that, we lose our way, and run the risk of hurting the children that we sought to protect.
