Well, you really can't see his "naughty bits" so it isn't pornographic -- unless you're very prudish. It's tastefully done; it's composed well, and it has clear artistic merit. His body appears to be rising from the water just as the sun appears to be. I would vote artistic. Let me guess, some red state congressman is threatening to torch a museum for displaying this? That wouldn't surprise me.
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I think it's funny (more like sad) how we primitive Americans view any pictures of the human body as something pornographic.
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