BOSTON (CBS) – Barstool Sports founder David Portnoy defended a post on his website that included naked photos of Tom Brady’s 2-year-old son on Friday.

The photo, posted on Boston Barstool Sports Thursday afternoon, included graphic commentary and several other photos of Benjamin Brady and his mother, Gisele Bundchen, recently seen vacationing in Chile.

A spokesman for the Norfolk district attorney’s office told WBZ NewsRadio 1030 that they will neither confirm nor deny that an investigation into Portnoy’s posting of the pictures is underway.  And despite concerns raised by local advocates, in an interview with WBZ NewsRadio 1030’s Carl Stevens, Portnoy was adamant he hadn’t done anything wrong.

“I said he had a big ‘howitzer.’ So that’s not sexual. If you’re making a connection to that being sexual then I would look into the mirror is what I would say; because it’s not sexual at all,”  Portnoy told Stevens. “I don’t know how anyone with a rational brain could say, ‘Oh, that’s because I said that, that’s sexual.’ It’s a ‘Curb Your Enthusiasm’ joke.”

Portnoy Talks To WBZ NewsRadio 1030’s Carl Stevens

Portnoy told WBZ NewsRadio 1030 that his decision to post the pictures was completely legal.

“I don’t think it’s out of line at all, or else I wouldn’t have posted it,” he said. “For somebody to say me posting it has somehow fueled the fire of a pedophile, I’d say they’ve never been on the Internet.”

Before the interview, former child abuse prosecutor Wendy Murphy told WBZ NewsRadio 1030 that while Portnoy may not have intended to “cause any sexual experience for anybody” who may have viewed the photos, she thinks he could still face legal trouble.

Wendy Murphy Talks To WBZ NewsRadio 1030’s Carl Stevens

“It’s about whether (the photo) has a sexual purpose attached. And make no mistake about it, if you’re asking the public to look at the photograph and have a certain feeling or reaction to the size of a little boy’s penis, you are sexualizing the child, period, end of discussion,” Murphy said. “If we mean it when we enact laws that say we don’t want children’s genitalia to be exploited, especially for monetary gain, then here’s a statute on the books that says this man can and should be prosecuted. Why wouldn’t an elected district attorney take this case on, just to make it clear to anybody else who’s thinking of doing this, ‘don’t you dare.'”

Portnoy appears to have taken the controversy even further by soliciting ideas for a ‘howitzer’ t-shirt.

Many have weighed in on his decision to post the pictures. Some have criticized it, others defend his post.

“Whoever is legit angry about this is a whack job,” one supporter commented on Portnoy’s site.

One Somerville man is attempting to get advertisers to boycott Barstool in light of the controversial post, and he created a blog to front the effort.

WBZ NewsRadio 1030’s Carl Stevens reports

“My message to the advertisers is, ‘Do you know that your money is supporting this? And if you do and you stand by that, that’s fine,'” said the boycott site’s creator, named Jesse.

Comments (55)
  1. j0esixpack says:

    Portnoy and his supporters are making a very lame attempt to assert that those who oppose him posting pictures of innocent 2 year olds and making lewd comments about them are the “true” perverts.

    That might trick some with the intelligence of a typical Barstool reader, but anyone with half a brain isn’t going to be fooled.

    Portnoy victimized an innocent 2 year old boy by posting his nude photos and attempting to sexualize him in his commentary.

    If you think that’s fine, support Portnoy’s advertisers – and you can be sure Portnoy will do the same thing again thanks to their financial backing.

    If you think that’s NOT ok, tell his advertisers and sponsors and vote with your wallet and pocketbooks.

    If Portnoy loses money he’ll think twice about doing something like this again.

  2. Bridget says:

    I used to be a fan of Barstool Sports but Portnoy made it crystal clear last year that he has no moral compass. He published jokes about children with progeria disease. He thought it was hilarious. So this does not surprise me in the least. He is a nice enough guy when you remove him from Barstool Sports but when given the chance to make a buck he will sh** his own mother to do it. The posting and commenting of this little boy’s picture is disgusting and has gone too far and the advertisers who continue to support Portnoy and put money in his pocket are just as morally corrupt.

  3. thor's hammer says:

    portnoy – the 2 yr old is not in the public domain/public eye. you wrongly assumed you had more rights than the boys parents. what a vile being you are. up there with the low elements of the 4th estate you are. stop taking to heart gordon gecko’s “greed is good.” selfish pig you are . the 2 yr old has more rights than you, and by your actions, also more intelligence than you. would there have been quite the yuck factor if something horrible had been outed about a family member (if there is a higher power, you have no children). not enough dope slaps to your head. somewhere your village is celebrating the loss of its idiot. don’t try to hide behind the first amendment, your agenda/version of it is not what american troops are fighting for.hopefully enough doors slam on your attempt to get in, or as you are hussled out.

    1. Dave says:

      As a veteran I fought for all our rights. When I saw this pic with the comment I laughed. It was not sexual or suggestive in any way. I hope when this calms down people will see that this was a joke aimed at Peyton Manning and not at the Brady family. Geez it was funny…let it go!

  4. Jim Haines says:

    A nude photo of Tom Brady’s son has no place in a Boston Sports Blog or in any blog for that matter. I agree w/thor’s hammer, the child is not in the public domain/eye, just because he has an NFL star quarterback for a father does not make him fair game. I’m surprised Tom hasn’t demanded it be taken down. If that were a photo of a US President’s son or grandson, you KNOW the Secret Service would have it off the web before you could say God Bless America!

  5. jen says:

    No he should not be arrested..It’ s freedoom of press.
    Actualy I am wondering why this little baby is naked at the beach like this. I mean, Gueesle knows they are famous and paparazi after them.
    What do you eccept? In public beach.

    1. Ed Dracut says:

      So publishing naked pictures of children is OK with you. Sounds like a NAMBLA member.

      1. Dave says:

        Ed, the picture was not suggestive or sexual in any way. I agree that some creative editing probably should have been done. Unfortunately we live in dangerous times for children. I do feel the uproar over this has gone on too long and too far. I myself did see the humor in the comment, but I respect all people who didn’t. In this case though the uproar does not fit the offense. Just my opinion!

  6. Dave says:

    Can I question why my previous comment was not posted? Are people with diifering opinions than WBZ’s not allowed? My previous post was both coherent and respectful. I would appreciate an answer.

  7. Sophia says:

    Why is everyone blaming the blogger? If Gisele didn’t want the photographs published she shouldn’t have been parading her son around naked. End of. Period.

    This photo has been making the rounds on the internet. It weakens Gisele’s privacy and decency complaint…

  8. Observer says:

    How many pedophiles downloaded and saved that photo? You never know. It will be passed around to ALL perverts. He just gave the pedos a prize! How disgusting.

    1. Dave says:

      The picture was already on the internet along with others that were released last year. Apperently Giselle does not cover the little kid when they go to the beach. Dont you people read before you go shooting off at the mouth?

  9. Observer says:

    He might have put Brady’s son in danger.

    1. TB says:

      Giselle put Brady’s son in danger!

  10. Observer says:

    How so? Was the photo posted in a public place? or was it stolen off a private site?

  11. Observer says:

    I just read above about the photo origin.

  12. Dave says:

    How about the fact that the website you mention in this story to boycott Barstool Sports actually had the pictures up longer than Barstool did? Is this they type of pervert this story makes mention too? He took them down today once I notified him and Dave Portnoy in an email that his site was the only one to have them still up? Is this the type of pervert that WBZ wants to be affiliated with?

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