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Opening Arguments

Child's play

Google News kicked out this story based on my "Indiana" word search because it's from Evansville, but it turns out to be Evansville, Wisc. I almost passed on it, but it's perversely fascinating and raises an interesting question:

A Wisconsin man is accused of secretly videotaping young children at a Florida nude beach.

[. . .]

Florida authorities say the 42-year-old had been seen recording the children Friday. Wisconsin detectives got a search warrant that same day and searched his Evansville home.

They allegedly found child pornography and multiple camera systems. They arrested the man Sunday night on 62 tentative charges of possession of child pornography.

So, do nude children equal "child pornograhy"? It's OK to have children at a nude beach where they can be seen by any passing stranger but not OK for a stranger to videotape them? It's all about state of mind, I suppose. People who look and are seen at nude beaches apparently do so with no prurient interest. People who take pictures of naked children aren't usually celebrating


Tue, 06/01/2010 - 2:38pm

I share most people's revulsion toward kiddie porn, but I'm an absolutist regarding the First Amendment. Where judges found this particular exception is beyond me. Maybe I misread the Constitution.
Furthermore, persons appearing naked on a public nude beach have absolutely no expectation of privacy, regardless of age. That said, I would not bring minor children to such a setting. Wait until they're reached their majority so they can make that decision for themselves.