Teen 'sexting' no one's business?

I'M not alone in observing that we've become a society in which frivolous lawsuits are rampant. A case in federal appeals court here is a perfect example.

But this is not just another run-of-the-mill frivolous lawsuit. The case before the judges involves "sexting" - the social and technological phenomenon of taking and sending explicit photos via cell phones. It's a serious issue and one worthy of public debate.

What makes this case so important is that it could end up deciding for the first time whether teens can be prosecuted under current Pennsylvania child-pornography laws for "sexting."

The case stems from 2008 when then-Wyoming County D.A. George Skumanick Jr. was contacted by school officials at Tunkhannock High School when a female student saw a boy strolling through the cafeteria looking at a nude photo of her on his phone.

THAT WORRIED Skumanick because of an Ohio case where a mother blamed sexting for her daughter's suicide. After the initial complaint, the school turned up several other phones with nude or semi-nude photos of students. He believed he had the evidence for pornography charges, not just for sending the photos, but for also appearing in them.

But instead of charging the students, the D.A. offered the teens a way out: a mandatory course and essay. The Wall Street Journal reported that the Wyoming County Victims Resource Center put together a course that included issues like sexual harassment and violence, and "what it means to be a girl in today's society."

Fourteen of the 17 students involved opted for the course. But three girls sued and the case has gotten national exposure, with D.A.s in the state waiting to see how to deal with the issue.

A recent survey by the National Campaign to Prevent Teenage Pregnancy and CosmoGirl.com found that 20 percent of teens and 33 percent of young adults 20 to 26 have sent or posted nude or semi-nude photos of themselves. Also, 31 percent of teens and 46 percent of young adults reported getting nude or semi-nude photos.

So what should a D.A. do in this environment? I believe what the Wyoming County D.A. did hit the sweet spot. He found a reasonable way to curb a dangerous behavior without overkill.

But the American Civil Liberties Union has accused the prosecutor of infringing on parents' right to control and educate their children. I disagree. If your child is posing nude for cell-phone photos or taking and sending them, you're not doing the job.

Doesn't someone have to protect these kids when their parents let them put themselves and others at risk? Doesn't a situation like the Ohio suicide when a jilted boyfriend sent out her nude photo demand a strong commonsense response?

My interview with Michael Donohue, attorney for ex-D.A. Skumanick, clarified many of the issues. He told me that, under the state law relevant to sexting, any person sending or getting photos of a minor for sexual gratification could be charged with crimes involving child pornography.

The crux of the case, as he sees it, is that a D.A., under various juvenile justice acts, is tasked with rehabilitating juvenile offenders. The program set up by Skumanick met this requirement.

The ACLU has been arguing that the threat to prosecute the girls is a violation of their First Amendment right to free speech. The ACLU told Timesleader.com of northeastern Pennsylvania that "There seems to be a knee-jerk reaction by many prosecutors that if you find some naked photos, you throw the book at whoever you can identify."

I don't find that persuasive. In fact, Donohue told me that "The transmission of photos of naked children draws predators like mosquitoes are drawn to a swamp." As a result of the prosecutor bringing this case, a predator was caught with the photos and is now in jail. This underlines one of the D.A.'s major concerns.

The bottom line to me is that this is not a noble attempt to protect free speech but a misguided assault on common sense.

It's a reminder that without good parental guidance, kids can do stupid things with smart phones.

Teacher-turned-talk show host Dom Giordano is heard on WPHT/1210 AM. Contact him at askdomg@aol.com.