On 12/9/08, Anthony <wikimail(a)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.