On 12/9/08, Anthony wikimail@inbox.org wrote:
Things like spread out legs, arms behind back, and pushing forward of the chest? C'mon, the pose was obviously intended to be a sexual pose.
For better or worse schools tend to consider this definition of sexual posing an acceptable way to generate school spirit. Well yes, cheerleaders are clothed, but usually at the minimum level allowed by whatever dress code regulation has been published by the school board.
On the other hand a pose which involves physical contact of private parts (actual or suggested, such as "reaching toward...") would very reasonably be "associated with sex", regardless of whether clothing is worn or whether the naughtiness is visible to the camera.
The very title and theme of the song they were depicting is "Virgin Killer". The image fails to be "sexy" for the sole reason that it's a prepubescent making the pose.
I doubt a title or caption accompanying an image could affect the legal status of the image. I don't know whether maybe the creators estimated that this was the most offensive picture they could get away with, or maybe they produced what they felt was necessary to convey a particular message and consulted lawyers only after the fact, but it doesn't really matter.
While it may in theory be possible to collect legal material and arrange it in an illegal way I don't see that happening here. Sure, it's quite tasteless and not something I'd want my daughter involved with at any age, but that doesn't mean it's pornographic or otherwise worthy of censorship.
—C.W.