Blogger pulls Brady baby photos

Sports Web boss complies after State Police visit and urge him to remove nude toddler images

August 17, 2011|By Peter Schworm and Laura J. Nelson, Globe Staff
  • If I had felt threatened, I dont think I would have taken them down, said David Portnoy, head of website BarstoolSports.com.
If I had felt threatened, I dont think I would have taken them down, said David…

The sports blogger who sparked controversy by posting photos of Tom Brady’s nude toddler son has removed them from his website after police with the state’s attorney general’s office showed up at his Milton home and urged him to take them down.

David Portnoy, who runs the popular and controversial website BarstoolSports.com, said state troopers told him they had received a multitude of complaints about the photos and said that “it would be in the best interest of everybody involved’’ if he removed them.

“I’ve never had cops knock on my door for anything in my life,’’ Portnoy said in an interview yesterday. “That is not a coincidence that this is one of the first times I’ve taken something down.’’

Portnoy came under harsh criticism after posting paparazzi photos of Brady’s 20-month-old son, Benjamin, playing on a beach in Costa Rica without clothes. In the posting, Portnoy crudely remarked about the size of the boy’s genitalia and referred to Brady, the star quarterback for the New England Patriots.

Attorney General Martha Coakley said yesterday that police went to speak with Portnoy as part of a preliminary investigation to determine if the posting was illegal under child exploitation or other laws and said her office was grateful he agreed to take it down.

But several First Amendment specialists said they found it troubling that the state’s leading law enforcement office urged Portnoy to delete the post in response to public complaints and probably pressured him, intentionally or not, into surrendering his free speech rights.

“I think it’s a real stretch that this is a criminal matter,’’ said Jonathan M. Albano, a Boston lawyer who specializes in media law. “And there’s an inherent element of coercion when civilians are faced with police in uniforms.’’

Portnoy said that he did not feel pressured to remove the posting, but wrote on his site that “when staties show up at your door, it’s hard to say no.’’

The free speech specialists said that law enforcement should not intervene in such a situation unless they have already made a determination that a posting may be criminal.

Portnoy said he removed the post shortly after police visited his home Friday evening. He had previously taken it down briefly after receiving a cease-and-desist letter from the modeling agency of Brady’s wife, Gisele Bundchen, but soon reposted it.

Coakley said her office found the picture “troubling, to say the least.’’ She said her office was investigating whether the post amounted to child exploitation, but after speaking with him determined charges were not warranted.

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