WASHINGTON — The Supreme Court has turned away a free-speech appeal from a former school lunch server in Minnesota who was charged with sexting a 15-year-old student.
The justices did not comment Tuesday in allowing the criminal case against Krista Muccio to proceed.
According to the Star Tribune, Muccio was charged after the teen’s father discovered nude photos and explicit texts from the lunch lady on his son’s iPad.
The 43-year-old’s attorney claimed one of the charges against his client — communication with a minor describing sexual conduct — violated her freedom of speech.
A Minnesota appeals court agreed, saying it “suppresses a large amount of speech that adults have a constitutional right to receive and to address to one another.”
The state Supreme Court eventually overruled that decision, and now the U.S. Supreme Court said it will not hear the case at all.
Muccio was also charged with possession of pornographic work involving a minor.