Are Emory charges constitutional?

GRAND RAPIDS, Mich. (WOOD) - The felony charge against Evan Emory for a YouTube video he posted raises constitutional issues, said attorneys who spoke with 24 Hour News 8.

Devin Schindler of Cooley Law School said it appears the charges against Emory "might violate his First Amendment right because it is overly broad." He added the charges "appear to run afoul of the First Amendment."

His colleague at the Grand Rapids law school, Curt Benson, said the issue could pose "a constitutional question."

Emory, the 21-year-old singer who posted a video on YouTube that appeared to show him singing an explicit song to elementary students, was arraigned on a felony charge Feb. 16, 2011.

The video was edited to make it appear the students were in the classroom, though they weren't. Emory posted two disclaimers in the front of the video that students were not exposed to the explicit lyrics.

If convicted, Emory could spend 20 years in prison on the charge of manufacturing child sexual abusive material.

24 Hour News 8 will continue to follow this story.