Adolescent Speech

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M.C. v. State, 2026 Ala. Crim. App. LEXIS 2 (Ala. Crim. App. 2026)

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The Alabama Criminal Appeals Court reversed an adjudication of making a terrorist threat in the second degree based on insufficient evidence. The court stated in relevant part: “The definition of “threaten” in § 13A-10-242(2) specifically refers to three people. Subsection a. refers to the person who “makes [the] statement.” Subsection b. refers to the person to…

Advancing Racial Justice Through the Restatement of Children and the Law: The Challenge, the Intent, and the Opportunity

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From the Introduction:   “Racial inequities are addressed to varying degrees in at least three of the four sections of the Restatement of Children and the Law. This Essay evaluates whether and how well this Restatement advances racial justice and identifies additional opportunities for the ALI to address racial inequities now and in future iterations of the Restatement. The…

Implications of New School Surveillance Methods on Student Data Privacy, National Security, Electronic Surveillance, and the Fourth Amendment

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This article discusses the legal landscape of school surveillance, including digital and artificial intelligence surveillance, through the lens of Fourth Amendment and federal privacy laws. From the Abstract: “Since the Covid-19 pandemic, schools have escalated their use of educational technology to improve students’ in-school and at-home learning. Although educational technology has many educational benefits for…

Sample Motion to Declare the State’s Child Pornography Laws Unconstitutional As Applied and to Dismiss the Charges Against the Child

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A sample motion arguing child pornography laws are unconstitutional as applied to a children engaging in sexting. The motion argues the statute is void-for-vagueness since it fails to provide fair notice regarding prohibited conduct for children under 18 and it encourages arbitrary and discriminatory enforcement because the distinction between offender and victim is blurred. Furthermore,…