Evan Emory, 21, is the focus of a curious case of pornography in Wisconsin. Emory convinced a first-grade teacher at Ravenna’s Beechnau Elementary School to allow him to come into her class and sing two kid-themed songs. He videotaped the songs and then went home and substituted sexual lyrics to make it look like the kids were listening to provocative songs. He now faces a potential sentence of twenty years for the crime.
The video was posted on YouTube and a parent saw it. The lyrics include the following lines: “I like the way you make your body move. C’mon, girl…See how long it takes to make your panties mine…I’ll add some foreplay in just to make it fun. I want to stick my index finger in your anus.”
While it was promptly removed, Emory was arrested and charged with manufacturing child sexually abusive material. While I find his actions obnoxious and deserving of punishment, I do not see the basis for pornography charges. The children themselves were not engaged in any sexual act or exposed to any sexually explicit material or language. Indeed, they never saw the video. I have not seen the video but I also question whether sexually explicit lyrics would constitute sexually abusive material. There are serious constitutional questions of overbreadth and vagueness as well as potential free speech implications in future cases.
It would seem that a more appropriate charge would be trespass since he gained entry on false pretenses or some variation of fraud.
Emory played the video as part of a “variety show” at downtown Muskegon’s Club Envy.
Source: MLive
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QUOTE “indeed, they never saw the video.”
Once crap like this gets on the net, it’s out there forever…so the kids will probably eventually see the video, and even if THEY don’t a lot of other people will.
30 kids to a class….that’s gonna be a LOT of lawsuits for this guy to settle….and that’s even IF they want to sue, some parents may want more satisfaction than just suing.
And with the video editing that is out there, this probably isn’t the last we have heard of this…next they’ll be cutting the heads off of kids and pasting in porn vids…
I’m with Barney Fife gotta “nip it in the bud”…
In New York v. Ferber, in which the Supreme Court held that child pornography is not protected by the First Amendment, it said that child pornography is material “that visually depict[s] sexual conduct by children below a specified age.” It italicized “visually.” 458 U.S. 747, 764 (1982).
Just for the sake of gratification, I can honestly say that “I had to correct Professor Jonathan Turley”. Clearly, Emory is from the West Michigan area. Muskegon vicinity.
I know this because I get to watch our ridiculous ‘news’ (basically weather, with a dash of ‘news’) broadcast that acts like they are the protectors of our freedom while they whore for Bigby and Subway, et al.
I am truly astounded by the audacity of ideological prosecutors to pursue such a bs case. Tony Tagg is awful.
HenMan,
“There is nothing wrong with bringing in an outside guest from a Zoo, Art Museum, Science Museum, etc. This can be a great learning opportunity for the kids. But elementary schools need to be very vigilant about knowing who is coming into their classrooms and what is in their presentation. An I.D. check wouldn’t be out of line either.”
I agree. I was an elementary teacher for more than three decades. We usually knew all the authors, artists, performers who came into our schools for enrichment programs. We didn’t really need I.D. checks. I can’t recall any time when one of those professionals ever asked to videotape a performance–and our students. If so, we would have had to send a letter home to parents with an explanation of how the videotape would be used by the artist/performer and a form for them to sign giving permission for their children to be videotaped.
Raff-
That’s great. All schools should have that protection.
HenMan and Elaine,
My wife’s middle school is locked and you have to buzz your way into the main office before you can get access to any other part of the school.
Elaine-
There is nothing wrong with bringing in an outside guest from a Zoo, Art Museum, Science Museum, etc. This can be a great learning opportunity for the kids. But elementary schools need to be very vigilant about knowing who is coming into their classrooms and what is in their presentation. An I.D. check wouldn’t be out of line either.
HenMan,
Did you watch the video I posted? Emory appeared to think the video was pretty funny. I doubt he thinks so now.
It seems Emory may have abused a friendship by pulling this stunt. I’d like to know who let him back into that classroom when the children were gone so he could videotape the vulgar song with sexual lyrics. My guess would be some person/people who work at this school may be called on the carpet and have to do some explaining. It looked to me like this young man didn’t care how many people he may have hurt by his actions.
I agree that the charges don’t exactly fit this strange activity, but this guy needs a serious wake-up call to stay the hell away from children. I hope that he is at least sentenced to several mandatory visits to a court selected psychiatrist. This is certainly abuse of children even if it isn’t physical abuse.
Isn’t it a crime to try to get someone else to do a crime?
“I want to stick my index finger in your anus.”
… it was promptly removed,… “~JT
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….oh dear………..
Lotta,
You are correct that the only good thing about this situation is more work for attorneys!
Blouise: “…going to be shelling out a lot to lawyers anyway…”
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Lol, I sure hope you’re right about that.
Anonymously Yours
1, February 18, 2011 at 11:29 am
Elaine, nal, OS, Blouise….
You all make great points….the question I have is…. Will Brietbart hire him? He has a living cut out for him…… It appears that he taped one thing and dubbed another….
Hey what ever happened to the Louisiana’s Prosecutors Son…
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Maybe, if he pays for the kids defense lawyer … Brietbart’s going to be shelling out a lot to lawyers anyway so what’s one more ..