A caller today said, “I heard that you got part of the Online Solicitation of a Minor statute held unconstitutional, but I know that decision doesn’t apply to distributing sexually explicit material to minors.” I asked him where he got that idea, and he pointed me to this on Dallas lawyer Everett Newton’s website:
Notably, two other sections of the online solicitation of a minor statute remain good law, and outline conduct for which you can still be lawfully prosecuted. Hence, under this statute, you can still be charged with online solicitation of a minor for either: 1)distributing sexually explicit material to a minor, OR 2)soliciting a minor online to meet for sex.
It’s ignorant twaddle. “Distributing sexually explicit material to a minor” is protected speech; it falls under the portion of the statute that the Court of Criminal Appeals held unconstitutional.
Truth is, of course, that Everett probably didn’t write the ignorant twaddle that has his name on it. The author confuses the Texas Court of Criminal Appeals (which held the Online Solicitation statute unconstitutional) with the Texas Supreme Court (which did not). This is not a mistake that a Texas lawyer is likely to make. So either Everett is even more cretinous than he looks…
…or he has outsourced his marketing, allowing someone else to publish blog posts under his name. The former is hard to imagine, so my bet is that Everett has outsourced his marketing. Which means that he gets held responsible for the substance—the content published on his behalf (outsource your marketing, outsource your reputation)—as well as for the procedure—the choice to pay someone even more moronic than him to publish stuff on his behalf.
To advertise himself, Everett Newton gives bad advice. That makes me unhappy.
So here you go, Everett. Reap what you sow.
[Update12 June. Everett Newton writes:
Thanks for pointing out the error in my blog post. I’ve deleted the “ignorant twaddle” you cite. Have a nice day, and please let me know if I can ever be of assistance to you here in Dallas.
P.S. And, for the record, I’m far more cretinous than I appear in photographs!