A friend of mine in the twittersphere, Jeremy Brueck, did an interview with a school law attorney on the issue of sexting and I think there is some very good information in there. I think the point made that the law is slow to respond to this is a good one - and judges just sort of responding willy nilly does seem to be the standard. Mr. Single's point that there are no applicable statutes, outside of child pornography, is very good. I am not sure putting new laws in place that make students sex offenders is the right idea, but there must be some clarity.
I also liked the 4th Amendment discussion that starts around 18:00 - although I would disagree with the claim that we are waiting for the courts to develop the law in this area. I don't see a need for any more development - the reasonable suspicion standard will work just fine in cell phone/laptop scenarios as well.
Anyway, great stuff in here, so enjoy (its 30 min., but the good legal stuff starts around the 10:00 min. mark):
Sexting and School Law from Jeremy Brueck on Vimeo.
In this podcast, attorney Gregg Single and I discuss some general background information regarding sexting, talk about a few of the most well known sexting cases in Ohio and the U.S. and also address the issue of sexting from a student and parent perspective.