Is ’sexting’ child porn or free speech? US appeals court mulls Pa. case against teen girls

US court mulls ’sexting’: Child porn or speech?

PHILADELPHIA — A federal appeals court must decide whether “sexting” by three Pennsylvania teens amounts to child pornography or is a free-speech right.

A three-judge panel in Philadelphia is hearing arguments Friday in a case between a county prosecutor and the American Civil Liberties Union.

The prosecutor is threatening to file child-pornography charges against three girls after racy cell-phone images of them circulated through their high school. The photos show one girl topless and the others in bras.

The ACLU says the case is the first in the nation to challenge whether prosecutors can file child-pornography charges in “sexting” cases. It argues that harmless photos shouldn’t be criminalized.

Wyoming County prosecutor George Skumanick Jr. hopes the appeals court will overturn a federal judge’s stay of prosecution.