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NEWS: American Legal History on Anime, Manga Analyzed


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Gilles Poitras



Joined: 05 Apr 2008
Posts: 476
Location: Oakland California
PostPosted: Thu May 14, 2009 8:52 am Reply with quote
According to the schedule for Judge Gritzner there was a Jury Trial session on the 30th. On the 20th there is a Change of Plea Hearing scheduled. There is also a Jury Trial session scheduled for June 1

We also have to remember that Handley has been going through this since May of 2006.

Schedule:

http://www.iasd.uscourts.gov/iasd/judgecal.nsf/ViewByJudge-Web?OpenView&Start=1&Count=1000&Expand=4#4
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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Thu May 14, 2009 9:55 am Reply with quote
SpaceDrake wrote:

No. The court stipulated that he was not to look at any kind of child pornography, animated, drawn or otherwise, until his trial. If he did so, he would be re-arrested.

The officer in charge of keeping an eye on him apparently interpreted "child porn" to mean "anything anime", and the court agreed. While he did apparently look at hentai after his release, it was U.S. released stuff - meaning, no child porn as that doesn't get sold in the States. By any objective measure he did not break the terms of his pre-trial release, but he was arrested again anyway. Just for looking at anime (an advertisement for GaoGaiGar was cited as evidence for God's sake) and browsing ANN was enough to get him arrested.

This entire case should, frankly, be taking anyone with any interest in the medium into "blind panic" mode.


Cops/probation officers/etc have hard jobs. I respect them for what they do, but there is only so much any given person can be an expert in. I have been horrified hearing cops on TV talk about "satanic symbols" graffiti referring to the A for Anarchy symbol & other pop culture signs. I was approached by an officer whose client had a court ordered condition to stay out of adult bookstores, but when they searched his place, they found hentai so I was asked if the guy would have had to go into an adult bookstore to get it. When I said no, he could have gotten it at comic shops or the internet, the officer lost interest. I do not doubt in the Handley case the court officer supervising knew squat about anime so it was all questionable. Why the hell should the officer take any time to learn the diff between Pokemon or Cool Devices? They have their own lives to live & err on the side of safety is the norm. One of the pre-printed orders that can be checked off in this county is no pager or cell phone (in this day & age?) & no internet access isn't an uncommon order in identity fraud cases.

It all reminds me of one of the guys in Judas Priest during one of the trials trying to pin them for a teen's suicide that people who knew nothing about Judas Priest were trying to convince people who would never listen to then that Priest worshipped the devil. It sounds like there are a bunch of law enforcement officers who can't tell Kizuna from Transformers in charge of supervising this poor guy.
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ryogasasaki



Joined: 15 Dec 2008
Posts: 41
PostPosted: Thu May 14, 2009 9:56 am Reply with quote
Quote:
One day he’s living his life like normal, the next the United States government suddenly shows up at his door and says, “Hi, we’ve decided to destroy you.” The world around him goes insane, and yet everyone involved in it calmly acts as if arresting someone for seeing a banner ad for a children’s cartoon is a reasonable thing to do.


I'm half-expecting FBI agents to crash into my room, arrest me, and take everything in my room... Except my Zac Efron posters. (shoot! did I just admit to that publicly?!)
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Thu May 14, 2009 10:28 am Reply with quote
doc-watson42 wrote:
Manga Blog has an editorial on Stanley's essay:

Editorial: The Handley case and the slippery slope

(I have yet to read either.)


This article states that he is attempting to plead guilty. Imagine what this incident will do for his jail sentence.

Knowing this, I would have watched something like Gunsmoke, Alfred Hitchkock Presents. Anything that could be used against me I would have stayed as far away as possible. He should have asked his lawyers for advice on what to watch, sites to visit etc.


Last edited by hikaru004 on Thu May 14, 2009 10:32 am; edited 1 time in total
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sunflower



Joined: 04 Sep 2005
Posts: 1080
PostPosted: Thu May 14, 2009 10:30 am Reply with quote
hikaru004 wrote:
This article states that he is attempting to plead guilty. Imagine what this will do for his jail sentence.


Imagine what this will do to legal precedent.
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Hardgear





PostPosted: Thu May 14, 2009 10:34 am Reply with quote
hikaru004 wrote:
doc-watson42 wrote:
Manga Blog has an editorial on Stanley's essay:

Editorial: The Handley case and the slippery slope

(I have yet to read either.)


This article states that he is attempting to plead guilty. Imagine what this will do for his jail sentence.


Get it reduced. To ease the burden on the justice system, they use plea bargaining. Basically if the accused pleads guilty (thus avoiding lengthy and expensive trials) they get a more favorable sentence. Usually the defense chooses to plead guilty when they do not think they can win at trial.

Anyway, I am so glad the justice system is giving this guy such a hard time when there are violent criminals that are a REAL danger to themselves and others out there that could use the attention... makes me feel all warm and fuzzy inside knowing they have their priorities straight.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Thu May 14, 2009 10:35 am Reply with quote
sunflower wrote:
hikaru004 wrote:
This article states that he is attempting to plead guilty. Imagine what this will do for his jail sentence.


Imagine what this will do to legal precedent.


Legal precedence is the last thing on his mind at the moment. Handley is prob doomed to a long prison term now than if he had kept his nose clean imo.
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Hardgear





PostPosted: Thu May 14, 2009 10:51 am Reply with quote
hikaru004 wrote:
sunflower wrote:
hikaru004 wrote:
This article states that he is attempting to plead guilty. Imagine what this will do for his jail sentence.


Imagine what this will do to legal precedent.


Legal precedence is the last thing on his mind at the moment. Handley is prob doomed to a long prison term now than if he had kept his nose clean imo.


Yeah, it really doesn't matter to him, he is going to get shafted no matter what.

However, the precedence means a lot to the rest of us anime fans out there... I guess that's for the good of society though huh? I watched an episode of Queen's Blade, so I obviously am a danger to myself and others, and need to be locked up to keep society safe.
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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Thu May 14, 2009 11:05 am Reply with quote
dizzywulf wrote:
Something I'm confused about...
So he's not allowed to search for anything anime on the internet? Gothic Lolita Bible info and GaoGaiGar got him into further trouble? That seems really weird and extreme, as is the random drug testing.

This is cultures clashing. Gothic "Lolita" is probably what set some of these people off, because lolita over has different meaning than what it has in Japan. Accessing ANN as grounds for pressing further charges seems ridiculous, but they are probably standing on the fact that there are hentai titles in the encyclopedia, which may mean he was trying to access sites to porn, whatever. Still ridiculous.
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MagusGuardian



Joined: 05 Nov 2007
Posts: 590
PostPosted: Thu May 14, 2009 12:44 pm Reply with quote
Hardgear wrote:
hikaru004 wrote:
sunflower wrote:
hikaru004 wrote:
This article states that he is attempting to plead guilty. Imagine what this will do for his jail sentence.


Imagine what this will do to legal precedent.


Legal precedence is the last thing on his mind at the moment. Handley is prob doomed to a long prison term now than if he had kept his nose clean imo.


Yeah, it really doesn't matter to him, he is going to get shafted no matter what.

However, the precedence means a lot to the rest of us anime fans out there... I guess that's for the good of society though huh? I watched an episode of Queen's Blade, so I obviously am a danger to myself and others, and need to be locked up to keep society safe.
then I guess anyone whose watched DBZ is a danger to anyone and everyone as well

freespeech4unme wrote:
This is my first time posting, but I've been a lurker for quite some time.

My wife and I are anime fans precisely because of the characters in question. We have been unable to have children, so if we get some comfort out of watching the precociousness of child characters in anime, who feels the government should have the right to take that away from us?
Does that make both of us sexual deviants or somehow a threat to society?
In addition my wife identifies with the older female characters, she feels that American ideals in "family friendly entertainment" do a disservice to all women. They are portrayed, for the most part, as either sluts or asexual saintly benevolent beings. She feels women can be anything, and this also is portrayed by characters that would be banned by these overzealous do-gooders.
Does that make either of us a rapist in the making?

I have been paying close attention to censorship laws since the P.M.R.C. first reared its ugly head and tried to ban "porn rock." And through it all, with every passing injustice under the guise of "protecting the children" I have allowed my head to drop a little lower, my pride in being an American has diminished a little more.
orz...
I'm done with that. This is precisely the reason for the SECOND amendment, I took a little time to clean my guns before making this post.

I would like to thank the "gentlemen" of the state of Iowa, the justice department, "judge" Gritzner and the cowardly Mr. Handley who has decided not to fight them for finally convincing my wife to allow me to keep loaded firearms in the house.

In short: They can have My anime when they pry it out of my cold dead hand!

Sincerely Sean Mudgett
Gun owner Florida USA

You sir have my respect, I would pull up a fire arm as well in agreement to your statement, sadly though all I have are swords


Last edited by MagusGuardian on Thu May 14, 2009 2:44 pm; edited 1 time in total
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freespeech4unme



Joined: 14 May 2009
Posts: 1
PostPosted: Thu May 14, 2009 12:52 pm Reply with quote
This is my first time posting, but I've been a lurker for quite some time.

My wife and I are anime fans precisely because of the characters in question. We have been unable to have children, so if we get some comfort out of watching the precociousness of child characters in anime, who feels the government should have the right to take that away from us?
Does that make both of us sexual deviants or somehow a threat to society?
In addition my wife identifies with the older female characters, she feels that American ideals in "family friendly entertainment" do a disservice to all women. They are portrayed, for the most part, as either sluts or asexual saintly benevolent beings. She feels women can be anything, and this also is portrayed by characters that would be banned by these overzealous do-gooders.
Does that make either of us a rapist in the making?

I have been paying close attention to censorship laws since the P.M.R.C. first reared its ugly head and tried to ban "porn rock." And through it all, with every passing injustice under the guise of "protecting the children" I have allowed my head to drop a little lower, my pride in being an American has diminished a little more.
orz...
I'm done with that. This is precisely the reason for the SECOND amendment, I took a little time to clean my guns before making this post.

I would like to thank the "gentlemen" of the state of Iowa, the justice department, "judge" Gritzner and the cowardly Mr. Handley who has decided not to fight them for finally convincing my wife to allow me to keep loaded firearms in the house.

In short: They can have My anime when they pry it out of my cold dead hand!

Sincerely Sean Mudgett
Gun owner Florida USA
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jsyxx





PostPosted: Thu May 14, 2009 1:00 pm Reply with quote
I like the conservatives in the previous threads who acted like there wouldn't be a slipperly slope. How long did it take, a couple months? Anime hyper
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Hardgear





PostPosted: Thu May 14, 2009 1:05 pm Reply with quote
freespeech4unme wrote:
This is my first time posting, but I've been a lurker for quite some time.

My wife and I are anime fans precisely because of the characters in question. We have been unable to have children, so if we get some comfort out of watching the precociousness of child characters in anime, who feels the government should have the right to take that away from us?
Does that make both of us sexual deviants or somehow a threat to society?
In addition my wife identifies with the older female characters, she feels that American ideals in "family friendly entertainment" do a disservice to all women. They are portrayed, for the most part, as either sluts or asexual saintly benevolent beings. She feels women can be anything, and this also is portrayed by characters that would be banned by these overzealous do-gooders.
Does that make either of us a rapist in the making?

I have been paying close attention to censorship laws since the P.M.R.C. first reared its ugly head and tried to ban "porn rock." And through it all, with every passing injustice under the guise of "protecting the children" I have allowed my head to drop a little lower, my pride in being an American has diminished a little more.
orz...
I'm done with that. This is precisely the reason for the SECOND amendment, I took a little time to clean my guns before making this post.

I would like to thank the "gentlemen" of the state of Iowa, the justice department, "judge" Gritzner and the cowardly Mr. Handley who has decided not to fight them for finally convincing my wife to allow me to keep loaded firearms in the house.

In short: They can have My anime when they pry it out of my cold dead hand!

Sincerely Sean Mudgett
Gun owner Florida USA


I must say, sir, I do like your attitude!

*cleans his .357 revolver*

Now if only more people started thinking and speaking out like that, this BS might actually stop. The problem with being the silent majority is the "silent" part... unless we say something, those sitting up top dumping on us will assume no one has an issue.
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Anime World Order



Joined: 05 May 2006
Posts: 389
Location: Florida
PostPosted: Thu May 14, 2009 1:12 pm Reply with quote
Out of curiosity, I did a Google search for Lawrence A. Stanley, the author of this piece on ComiPress. The first result reveals that he's Lawrence Allen Stanley, aka the primary lawyer who represents NAMBLA aka a guy who got arrested for real actual child porn.

Per that link--and let's take this with a grain of salt because The Washington Times is not exactly the most neutral of sources--the author of this article Lawrence Stanley was found guilty of buying and selling videos and photographs of kids as well as sexually abusing three kids age 7 to 10 in the Netherlands, thus forcing him to flee to Brazil because they have no extradition treaty with the Netherlands. If he goes back to the Netherlands or anywhere that does have an extradition treaty with them, he's going to jail. The Washington Times may be owned by a completely crazy guy, but I doubt even they are crazy enough to write stuff like this about a lawyer if it wasn't true.

If there's any doubt as to whether they're the same person, that article I just linked notes that the Lawrence Stanley in question had written articles for Playboy entitled "The Child Porn Myth." The "About the Author" section of that Comipress article states that the Lawrence A. Stanley who wrote the piece had written articles for Playboy entitled "The Child Porn Myth."

Conclusion: they're the same guy and this article we're all talking about is written by an actual, bona fide human child predator. You'll excuse me if I'm less than inclined to take his argument seriously.

That said...he's still right about the fact that Handley did not actually break the terms of his pre-trial release, and therefore should not have been re-arrested. All of those DVD titles are US retail releases, and as such wouldn't be legally classified as "obscenity" even though many of them are porn. So even though I think Handley is guilty, they shouldn't have nailed him for this. On the other hand, how crazy do you have to be to resume purchasing porn of any kind right after going through what just happened to this guy?!
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rinmackie



Joined: 05 Aug 2006
Posts: 1040
Location: in a van! down by the river!
PostPosted: Thu May 14, 2009 2:11 pm Reply with quote
So this guy has an actual pedo going to bat for him? That's the last thing he needs! Seriously, though this has a potential to get way out of hand; if this what they do to Handley, just wait till they get their hands on the rest of us. It won't matter whether or not you're into hentai or loli, as far as many mainstream Americans are concerned, anime = porn, and all of us here on this site (or any anime/manga site) are perverts and a potential danger to society.

Even if this guy was looking at stuff that would disgust me, it didn't involve real children and therefore this is nothing but a witchhunt. Even if you think you're safe just because you're not into porn and may even be against it in any form, doesn't mean they won't go after you next.
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