Kids will be kids, but ‘sexting’ may lead to federal child pornography charges and sex offender registration for the nation’s youth. ‘Sexting’ is a growing phenomenon among adolescents: equipped with cell phones and teenage dreams, adolescents ‘sext’ when they take nude or semi-nude photographs and text or email them to friends or significant others. A recent duo of NY Times articles reveals the devastating consequences that high schoolers in Washington faced after one such ‘sexted’ photograph went viral, and how state legislatures are responding. Those articles are available here and here. It is well settled in First Amendment jurisprudence that adults may freely trade sexually charged images without fear of censorship. See Miller v. California 413 U.S. 15 (1973). When it comes to minors, however, the Supreme Court has been clear that preventing sexual abuse of children categorically trumps the First Amendment in the world of child pornography. See New York v. Ferber 485 U.S. 747 (1982). Still, as technology advances and social networking continues to lower the privacy qualms of savvy teens, important balancing questions arise as to the extent to which we are willing to protect speech, even explicit speech, between minors, and the extent to which we want to protect children from their immaturity and from the predators in whose hands ‘sexted’ photographs could fall.