Did the parents of a tailgating toddler go too far? The photo captures a baby in diapers being held over into a keg stand position as onlookers smile and snap pictures. Now the parents are under investigation for possible child abuse by Arizona State University campus police. The baby did not consume any alcohol and the photo was a staged attempt at some laughs.

Today on Fox and Friends, defense attorney and Fox News contributor, Jonna Spilbor, says this goes beyond a bad decision. She said, “This is why there should be a test or a licensing procedure before

people can procreate. This is only funny to a bunch of drunken tailgaters who didn’t have the wherewithal to get a sitter. Is it funny? No. Is it abuse? Absolutely.”

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Fox News legal analyst Arthur Aidala adamantly disagreed that this act is considered child abuse. He said the child is not adversely affected by being held over the keg, unlike smoking a cigarette around a child. He proclaimed, “Our nation is becoming a bunch of marshmallows.”

Spilbor’s bottom line: “You can’t use a child as a prop in a drinking game.”

Tell us what you think! Is this a funny joke, a stupid decision, or should the parents be charged with child abuse?

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