Miami Beach – If the proverbial tree falls in the forest and no one’s around to hear it, did it proverbially fall?

That philosophical conundrum brings First Amendment attorney Lawrence Walters back in the news again. Walters’ client, Reality Kings, is causing a hurricane in Miami Beach with the release of a sex scene depicting shenanigans in a revered public area known as Monument Island. Walters, a clever-thinking mouthpiece, came up with this novel defense:

He said his clients broke no rules, since public exposure laws only apply if someone witnesses the act. Walters said the cast and crew were the only ones around for the filming.

“The last thing they want to do is create problems,” Walters said.

“It was apparently produced on a deserted island with no people around to witness the filming.”