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Home > Massachusetts v. Portnoy

Massachusetts v. Portnoy [1]

Submitted by DMLP Staff on Wed, 08/31/2011 - 12:28

Summary

Threat Type: 

Police Activity

Date: 

08/12/2011

Status: 

Concluded

Disposition: 

Material Removed

Location: 

Massachusetts

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Obscenity
David Portnoy runs a sports and humor blog entitled Barstool Sports, which the Boston Globe calls a "popular and controversial" website. Late in the week of August 8, 2011, Portnoy posted a picture of toddler child Benjamin Brady,... read full description
Parties

Party Receiving Legal Threat: 

David Portnoy, BarstoolSports.com

Type of Party: 

Government

Type of Party: 

Media Company

Location of Party: 

  • Massachusetts

Location of Party: 

  • Massachusetts
Description

David Portnoy runs a sports and humor blog entitled Barstool Sports [2], which the Boston Globe calls a "popular and controversial [3]" website. Late in the week of August 8, 2011, Portnoy posted a picture of toddler child Benjamin Brady, son of New England Patriots Quarterback Tom Brady and model Gisele Bundchen. The picture was taken by a paparazzi photographer while the family were vacationing at a beach. The toddler was naked in the picture, with genitals exposed.

According to Boston's Weekly Dig [4] and Deadspin [5], Portnoy, among other things, referred to the child's genitals as a "howitzer." This prompted widespread condemnation and outcry [6]. Portnoy also created a series of t-shirt designs [7] depicting the nude toddler with an actual howitzer in sexually suggestive positions.

Portnoy initially received a cease and desist letter from a modeling agency that represents Gisele Bundchen, which Portnoy claims he ignored [5]. Following this, according to the Globe [3] and The Smoking Gun [8], Massachusetts Attorney General Martha Coakley dispatched police officers to visit Portnoy's home in Milton, Massachusetts on Friday, August 12, 2011 [8]. Portnoy describes the encounter on his website [9], saying that the police were "friendly, non threatening and basically just said they were getting lots of complaints . . . and it would be in the best interest of everybody involved if I’d just take [the photographs] down." Attorney General Coakley told the Globe [10] that her office had  received several complaints about the photographs and that the photographs were "troubling, to say the least."

Portnoy complied with the request to remove material [9], and AG Coakley has indicated that she views the matter as closed.

Related Links: 

Justin Silverman, Baby Brady Photos Removed, But Did AG's Office Overstep Its Bounds? [6], CMLP Blog, Aug. 19, 2011.

Peter Schworm and Laura J. Nelson, Blogger pulls Brady baby photos [3], Boston Globe, Aug. 17, 2011.

David Wedge, Blogger catches heat for baby Brady pics [11], Boston Herald,  Aug. 13, 2011.

The "Big" Penis Of Brady's Toddler Son Prompted State Police to Visit Barstool Sports Editor's Home [5], Deadspin , Aug. 15, 2011.

David Portnoy, Deadspin Just Scooped Me On A Story About Myself... Wait What? [9], Barstool Sports, Aug. 15, 2011.

Media Farm: The Real Portnoy's Complaint [4], Weekly Dig,  Aug. 16, 2011.

 

Details

Web Site(s) Involved: 

Barstool Sports [2] – http://www.barstoolsports.com/

Publication Medium: 

Blog

Subject Area: 

  • Children
  • Legal Threat
  • Intrusion
  • Obscenity
Court Information & Documents

Jurisdiction: 

  • Massachusetts
CMLP Information (Private)

Threat Source: 

RSS

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Source URL (modified on 08/20/2014 - 11:11pm): https://www.dmlp.org/threats/massachusetts-v-portnoy

Links
[1] https://www.dmlp.org/threats/massachusetts-v-portnoy
[2] http://www.barstoolsports.com/
[3] http://articles.boston.com/2011-08-17/news/29897280_1_child-exploitation-law-enforcement-free-speech
[4] http://digboston.com/think/2011/08/the-real-portnoys-complain/
[5] http://deadspin.com/5831042/the-big-penis-of-tom-bradys-toddler-son-prompted-state-police-to-visit-barstool-sports-editors-home
[6] https://www.dmlp.org/blog/2011/baby-brady-photos-removed-did-ags-office-overstep-its-bounds
[7] http://boston.barstoolsports.com/random-thoughts/howitzer-tshirt-ideas-time-to-pick-a-winner/
[8] http://www.thesmokinggun.com/buster/nfl/tom-brady-naked-son-753092
[9] http://www.barstoolsports.com/boston/super-page/deadspin-just-scooped-me-on-a-story-about-myself-wait-what/
[10] http://articles.boston.com/2011-08-17/news/29897280_1_child-exploitation-law-enforcement-free-speech/2
[11] http://bostonherald.com/track/celebrity/view.bg?articleid=1358365