Miss California Smear Site: We're Posting Prejean's Teenage Topless Pics Because Of Her Views (UPDATED: Prejean Losing Her Crown Monday?)

UPDATE (13:15 PST): Via LAist:
Then came this week when underage semi-nude photos surfaced around around the internet. They were for potential modeling jobs... Now, the Miss California USA pageant will hold a press conference on Monday to announce the fate of Prejean's crown. Tami Farrell, who would take Prejean's title if she is dethroned, will reportedly be there.
ORIGINAL: I'm not sure that the classy, classy folks at thedirty.com understand the difference between civil and criminal liability. Then again, I also don't think they really believe that they're advancing public discourse by pouring gasoline on the left's vulgar and sexist two-minute hates.
Of course I could be wrong. Maybe targeting a conservative woman really does trump criminal kiddie porn and civil defamation statutes:
[TMZ] has obtained a cease and desist letter fired off from Carey's lawyer to thedirty.com, demanding that the site take down two photos, showing a topless Carrie posing for the cam. In the letter, her lawyer says, "One of the displayed images of Ms. Prejean was illegally taken under false pretenses when she was a 17-year-old minor and unable to consent to its creation." The letter goes on: "The other image depicts Ms. Prejean's likeness but is not an actual photograph. It is an electronic manipulation ["photoshopped'] of her image created without her consent." The response from thedirty.com: "Your client's publicity rights are substantially inferior to the right of the public to consider, discuss, agree and/or disagree with Ms. Prejean's actions and views. This is not conduct for which your client's consent is required."
For the record, the Miss USA pageant has no problem with the kind of topless pics that are being used to smear Prejean:
There's another reigning beauty queen who took some very topless photos before she won her pageant -- but unlike Carrie Prejean, Miss Rhode Island USA's crown was never ever in jeopardy. According to Alysha Castonguay, she dropped her top for a Maxim magazine shoot... but there was no controversy over the pics because they were all seen and approved by the Miss USA pageant officials. But Alysha tells TMZ she feels for Miss Cali saying, "I personally believe this situation is stemming from the controversy over her opinion and not a photo."
Castonguay's pictures were legal, public, and innocuous. Of course she gave them to the pageant. Even assuming that Prejean had possession of these illegal and private shots - and we don't know that she did - she shouldn't have been been expected to hand them over. In fact - if she was 17 when they were taken - there's probably a case to be made that she was legally prohibited from distributing them.
Although maybe she should be thankful. If the left wasn't talking about how her implants make her a tawdry piece of garbage, they'd be breaking into her tax records in the interest of transparent partisan witch hunts. Such a charming public community they've built over there.
References and previously after the jump...
References:
* Video Shame: Miss California's Anti-Gay Marriage Ad, Boob Job Hit YouTube [Politics Daily]
* Video: Campaign to destroy Miss California escalates; Update: NOM stands by Prejean [Hot Air]
* Miss California Carrie Prejean -- Take it Down! [TMZ]
* Miss USA -- Not All Topless Photos Are Equal [TMZ]
* Good news: Six Ohio state agencies now accused of snooping on Joe the Plumber
* Inspector general rules: Ohio agencies snooped improperly on Joe the Plumber [Hot Air]
Previously:
* Limited Post-Election Activities For Obama's Creepy Worshipers and Devoted Brownshirts?
* Finally: The Obama USB Drive
* Obama's Digital Brownshirts Turned Loose On Barbara West








