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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