Ruh Roh... Sotomayor banned artist’s nude photo shoot (NSFW)

[jefferson_dem]

I just may have to rethink my opinion of the Sotomayor pick now... :)

Sotomayor banned artist’s nude photo shoot – see why
Posted: 03:21 PM ET

Editor’s Note: In 1999, Judge Sonia Sotomayor ended a controversial nude photo shoot of 100 people in New York arranged by artist Stanley Tunick.



A 2006 Tunick installation at the Caracas Museum of Contemporary Art in Venezuela. A 2007 Tunick installation in Mexico City.

According to The New York Times, the city had argued that Mr. Tunick’s plan should be stopped because he would be attracting a large number of nude models to a residential area. The ruling superseded an earlier decision from the United States District Court in Manhattan, which ruled in favor of the artist, finding that artistic nude photography is a form of expression protected by the First Amendment as well by state law.

Lawyers for the city, however, said the presence of 100 nude people would infringe on neighborhood residents’ right to privacy. The 2nd circuit ruled in favor of the City.

But the ruling also had political implications for then Mayor Rudy Giuliani. See more on the case here.

So why was the nude photo shoot so controversial? Take a look for yourself. See more of the artist’s installations here.

http://ac360.blogs.cnn.com/2009/05/26/sotomayor-banned-artists-nude-photo-shoot-see-why/

[WillParkinson]

1. I looked at the pictures and I'm appalled!

They show SKIN! Oh my freaking god. Skin. Ban! BAN!!!!!

[babylonsister]

2. And this helped ghouliani, didn't it.

I wonder if he's repaying her with his support. (But not wondering real hard)

[hlthe2b]

3. It is not the nudity I find problematic

But when you go to his website, the mass numbers of nude female bodies--all lying on their sides brought memories to me of the mass nude bodies from the holocaust (and similarly from mass grave attrocities elsewhere). That's a memory trigger I'd prefer to avoid, but maybe it is just me...

[tinrobot]

4. Was the issue nudity or the number of people?

Nude or clothed, having your neighborhood taken over for a photo shoot with 100 people could be considered invasive.

[Eric J in MN]

8. The issue was nudity, and ulimately the Second Circuit and the USSC...

...ruled in favor of the artist taking the nude photos.

Judge Sonia Sotomayor didn't participate in the later rulings.

(NYC had given a permit for clothed photos, and so that wasn't the issue.)

[jberryhill]

12. The Issue Was Whether The City Could Refuse The Permit

There is a pervasive childlike mentality when it comes to understanding what judges actually do that just astounds me.

The issue before the court was not whether any judge personally thought the photo shoot would be okay. The issue was about whether the City could deny the permit based on the reason cited by the City.

I wish people would grow the hell up and realize that appeals courts aren't about deciding whether some judge approves or disapproves of X, Y, or Z, but about how the law applies to the question actually presented.

[rvablue]

5. Jefferson Dem, while these are tame pics, some folks' filter programs at work might not think so.

Just wanted to offer the suggestion that you put a NSFW disclaimer in your title.

Not trying to be prudish or nit-pick, just looking out for the DU Community!

[jefferson_dem]

6. Good idea.

Done. Thanks. :hi:

[NYC_SKP]

7. I support her decision on this matter. These self-important artists....

...need to find support and permission for their installations.

I've got nothing against nudity, but I expect the rights and opinions of 100s of 1000s of New Yorkers to be considered before Mr. Tunick gets to do whatever large scale nutty project he wishes to do.

Good decision, IMO.

And, I'm posting nekkid, so it's not about nudity.

[Mojorabbit]

13. I love this guys work

and if he ever does a shoot anywhere near me, I will drag my wrinkly self there to be in it. If you go to his online gallery the shoots are marvelous.

[NYC_SKP]

15. Me too, and I remember Christo- a pioneer of large scale outdoor installations.

With fabric, not people.

But in either case I think it's always important to respect the local inhabitants, so I support the Sotomayor decision. :P

And the online gallery shoots rock!

Christo:

[uponit7771]

9. Don't know if I would've ruled that different from her, she seems somewhat conservative

[Enrique]

10. anyone who opposes Sotomayor is in favor of public nakedness

they want to make America as naked-friendly as Mexico and Venezuela.

[styersc]

11. If you want to second guess the ruling, don't look at the photos,

look at the transcript to read the arguments. If "con" made a better argument then "pro" then you can't blame the judge.

[Lautremont]

14. "Stanley" Tunick?

Spencer's brother? I guess he's in the same line of work.

[leftofthedial]

16. let's not kid ourselves--she's no liberal.

She is a good pick though. A solid jurist and a female Hispanic, both of which the Court needs.