Re: Nudism Teens
Gro Bert
At the same time the level of adoption has been growing, the capacity of these cell phones has also changed dramatically. Many teens now use their phones not just for calling, but also to access the internet and to take and share photos and videos. In our survey of 800 youth ages 12-17 conducted from June 26 to September 24, we found that 75% of all teens those ages own a cell phone and 66% of teens use text messaging.
Both laws and law enforcement practices around sexting are emerging to deal with the issue and they vary significantly from jurisdiction to jurisdiction. Some law enforcement officers and district attorneys have begun prosecuting teens who created and shared such images under laws generally reserved for producers and distributors of child pornography.
The magazine "Arcadia, No. 15", published by Utopia Publications, is a 63-page pictorial containing unretouched photographs, many in color, of completely naked men and women. Although many of the photographs seem contrived to focus attention on the models' genitals, and although men *579 and women are pictured together, they are engaged in various activities of an entirely nonsexual nature. Many of the photographs are posed in the out-of-doors and depict activities that might be thought to occur at a nudist camp. There is some accompanying textual material extolling the virtues of nudism as a way of life. The United States Supreme Court has summarily reversed several obscenity convictions which involved similar nudist magazines containing "photographs of naked men, women and children, principally women, clearly revealing genitals, breasts and other portions of the body normally covered in public." (Sunshine Book Co. v. Summerfield (D.D.C. 1955), 128 F. Supp. 564, 565-66, aff'd, 249 F.2d 114 (D.C. cir. 1957), rev'd per curiam, 355 U.S. 372, 2 L. Ed. 2d 352, 78 S. Ct. 365 (1958). See also Rosenbloom v. Virginia (1967), 388 U.S. 450, 18 L. Ed. 2d 1312, 87 S. Ct. 2095 (per curiam); Felton v. City of Pensacola (1968), 390 U.S. 340, 19 L. Ed. 2d 1220, 88 S. Ct. 1098, rev'g per curiam 200 So. 2d 842 (Dist. Ct. App. Fla. 1967).) Since in the realm of first amendment freedoms we are bound by the decisions of the Supreme Court, we must hold that the magazine "Arcadia" is constitutionally protected.
The third category of publications consists of 14 magazines which contain photographs, many in color, of completely naked female models. The magazines are: "June", Vol. 1, No. 1; "Angel", No. 3; "Bunny", No. 1; "Cutie", No. 1; "Judy", Vol. 1, No. 1; "Pet", No. 2; "Rene", No. 1; "Venus", Vol. 1, No. 3; "Tan", No. 1; "Cici"; "Femmes in Color", No. 1; "Suszette", No. 1; "Teen-Age Nudist"; and "Susy", Vol. 1, No. 1. Many of the models in these magazines appear in a reclining position on a bed or sofa, and all of them are posed seductively with their legs spread in such a way that their genitals are not only clearly revealed but are made the focal point of the photograph. Aside from the nature of the pose, however, none of the models is engaged in any explicitly sexual activity either alone or in conjunction with another person. Some of the magazines contain textual material setting forth arguments against censorship, suggestions of photographic techniques, and arguments in favor of nudism. But none of this innocuous prose bears any relationship to the photographs, publication of which is obviously the central reason for the magazines' existence.