Perez Hilton, Miley Cyrus and the whole underage 'upskirt' photo dilemma [poll]

Celebrity blogger Perez Hilton -- or someone with access to his Twitter account -- sent out a link to a celebrity "upskirt" photo Sunday. No big deal, right, happens all the time? Seriously, just ask Lindsay Lohan. Except this time, the skirt was allegedly being worn by one Miley Cyrus.

For those who don't hang out in the Internet gutter, such photos are usually snapped when a female celeb -- in a short dress or skirt, preferably sans panties -- gets out of a car. It's a vulnerable moment, unless you're Demi Moore, in which case your ninja upskirt-blocking skills prevent such hideous images from being captured.

Outside of celeb circles, such ninja skills are referred to as "acting like a lady."

But here's the problem: Miley, no matter how much she "Can't Be Tamed," is only 17. As in, not 18. Also referred to as "not legally an adult." Which means laws protecting kids from sexual exploitation could come into play -- just ask Joe Francis.

The link's long gone, and there's talk that the image might be a product of Photoshop, but according to a legal analyst over at Salon, none of that matters. 

"We're not talking about a misdemeanor," attorney Jeffrey Douglas told the website. "You don't have to know what the definition of the law is; all you have to do is knowingly distribute the photograph."

On Monday night, Hilton posted a video -- not a direct response to the photo link, mind you -- in which he says that "it's OK for Miley to be a little sexier, because she's almost 18." And on Tuesday afternoon he posted a link to a picture of Miley fully clothed, allegedly "proving" underwear was present because you can see it through her frock.

Mmm-kay. Isn't an upskirt of a child's underwear sort of the same thing?

Time will tell if the law agrees. Until then, our Division of Absolutely Accurate Statistics is pleased to present a nonscientific online poll.

-- Christie D'Zurilla

Photo: Perez Hilton arrives at Logo Network's third annual NewNowNext Awards on June 8, at the Edison in downtown Los Angeles. Credit: Katy Winn / Associated Press

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Comments

[Ralph]

This wasn't speech. It was child pornography. Voyeurism. Unforgivable act.

[kuelexx]

I agree! An upskirt photo of a minor is just as bad as child porn. Its amazing about the poll results, saddening even.

And James, freedom of speech ends where another's right to happiness and safety begins. Why does he have the right to post and be happy while Miley suffers over it? You keep thinking the first amendment gives you the right to post or say whatever you want, and post upskirt pictures of children. We will see how long that "freedom" speech lasts.

@Crystal, she should be arrested for getting out of a car in a dress? There is a reason why photographs go off constantly when a celeb gets out of the car in a dress, to catch that upskirt picture. Because nearly it happens to nearly all celebs.

[Don]

wheres the pics?

[CDZ from the Ministry]

Christie D'Zurilla here from the blog with a gentle reminder that not only do we not publish comments that include profanity, or acronyms for profanity, we also don't publish the same in user names.

Go figure.

//cdz

[brigitte]

well considering the miley cyrus topic. She does act a little provocative. So I beleive she got out of the car in an unlady fashion. So perez has a point. He says what he feels about a person. Now I dont believe in everyting he does like the incident of miss america telling her views about homosexexuality, but in this case I cant say much. Miley cyrus is not an angel like her fans thought.