This creates many problems on the surface. The sexual nature would depend on the age of the student and the age of the person the messages came from. If it’s consensual and they are both of age it may not matter. If one of them is a minor, then it becomes a bigger issue and there may be pictures involved. If caught students can be criminally charged and labeled a sex offender. Student often claim that it happened off campus so schools can’t do anything. That is actually incorrect. Schools do have jurisdiction and can in fact take action. “In D.J.M. v. Hannibal Public School District the court ruled the off-campus nature of the student speech was no longer a guaranteed shield against disciplinary action.” (Beyond the Schoolhouse Gate: Students’ First Amendment Speech Rights in the Digital Age, 2013) Students don’t have the right to carry sexual content or pictures on their phone while at school even if it was done off campus. Not only would the phone be confiscated, and parents would have to come pick it up from school. The student would also get counseling to make sure they understand what they are in possession of and the consequences if they get caught. References Beyond the Schoolhouse Gate: Students’ First Amendment Speech Rights in the Digital Age. (2013, September). Clearing House, pp. 174-178.S
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