It is one of the most famous quotes in US Supreme Court History – Justice Potter Stewart describing the threshold test for pornography, who said, “I know it when I see it …”
Well, District Judge Jeffery Remick says he knows it when he sees it, too – in his personal viewpoint photos of a 16 year old child – fully exposed above the waist, partially exposed below the waist – posed suggestively across a bed – does constitute pornography, a viewpoint that is irrelevant because – by state statute the threshold for pornography is defined by sexual activity, and in this case there is no evidence of “sexual conduct.”
Judge Remick last week dismissed charges against the 29 year old who took the photos – Justin Adelmann – but included with his decision a 24 page memorandum, outlining previous court decisions, detailing state law, describing the photos in detail and blasting state lawmakers, saying the Minnesota Legislature has long been aware of the “loophole” in Minnesota Pornography Law and has failed to protect children – siting the 16 year old victim in this case.
Judge Remick says Adelmann – a teacher – made arrangements for girl – one of his students – to come to his home in Newfolden, promising a modeling portfolio and monetary compensation for the photo shoot. The photographs, in various stages of undress, were saved electronically and sent to the 16 year old’s email account, where they were found by the child’s mother – printed and placed into evidence by the Marshall County Sheriff’s Department and became the central issue in the Court Case.
Judge Remick approved the motion to dismiss charges for lack of probable cause, but also qualified that decision by writing, “I now find myself in the unenviable role of being required to apply the rules of law created by the Minnesota Appellate courts, legislature and governor, even though I believe the law should be different.”