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In a case, the Supreme Court ruled that the First Amendment protected the creation of virtual child pornography—in which no actual children were used in the creation of works that appeared to involve sex with children. We don't even know if the selfie in question was a photo or a video. The ACLU's brief doesn't mention whether the boy was charged for distributing the girl's photo to other classmates. Lee Timothy is a senior reporter covering tech policy, blockchain technologies and the future of transportation. The problem, the ACLU notes, is that if she's found guilty she is likely to be placed on a sex offender registry, where she would face the same stigmas as someone who commits violent sex crimes. Charging a teenager for taking a nude selfie means the state is charging the supposed victim—an absurd result that the legislature can't have intended when it passed Minnesota's child pornography statute, the ACLU argues. We can expect to see more of these cases in the future because surveys suggest that it's a common activity among underage teenagers.

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