Forum - View topicNEWS: Handley to Be Sentenced for 'Obscene' Manga in January
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prime_pm
 Posts: 2335 Location: Your Mother's Bedroom |
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Huh, figured there would be at least two pages of people arguing over this. Odd.
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Case
Posts: 1016 |
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On ICV2 or here on ANN? Because if the timestamp is right the article has only been posted here for 45 minutes... I'm not really sure what else there is to be said that hasn't already been said in past discussions of the CBLDF and first amendment rights in manga. The one thing I can say is that as an Iowan myself who orders import manga myself infrequently via US Mail, the ruling is disheartening. The Iowa Supreme Court took its stand to legalize same-sex marriage earlier this year and since then there's been a lot of positive sentiment expressed about the openness and progressiveness of this state. It's a shame the courts apparently still see dirty pictures as a moral threat, even in the hands of an adult. |
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Josh7289
Posts: 1252 |
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There's not much more to say in Handley's case. It seems to be a done deal. Just the severity of his sentence remains. Of course we can hope that the court is lenient on him, but there's nothing else we can really do. This is just a very unfortunate case. Hopefully the law is changed to protect free expression better in the future. |
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Zero Gravity
 Posts: 88 Location: Stardust Speedway |
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It won't, free expression to me doesn't exist anymore. I wonder, however, how he was discovered with the manga? |
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2DOtaku
Posts: 122 |
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My guess would be that customs busted open one of his packages. |
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Ramune
 Posts: 34 Location: CT. of Neo England |
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IIRC, customs did a random search on his package and found the manga in question. They packed it back up and the when Hadley picked it up, they followed him back home. There they charged him for child pornography and searched his home for anything else. What's said has been said. Still ridiculous regardless and while it doesn't set a precedent (he pleaded guilty), it's still a blow for creative freedom, and it's close to calling it a thought crime. Also he brought the material in question! As in actually paying the artist for his work. Does this also set a precedent that it's better to download the work instead, and not let the artist get paid as well just to avoid things like this? Seems that way. |
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hikaru004
 Posts: 2306 |
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The main post office for my area has a sign that states that media mail can be searched. I've opened up my overseas mail in front of postal employees in the past. It's been CDs and a volume of Kanon from cdjapan though. Last edited by hikaru004 on Tue Nov 10, 2009 10:35 am; edited 1 time in total |
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ryukage
Posts: 32 |
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I expect the judge to be very lenient since: A. he plead guilty, and B. the judge has already ruled that parts of his charges were unconstitutional and thus perfectly legal on Handley's part.
Delivering a harsh sentence for something that is legal to do so long as no state lines are crossed seems pretty ludicrous to me. |
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kokuryu
 Posts: 915 |
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One can only hope that eventually actual freedom of speech will be revived in this country, and art can go back to being art instead of items restricted from view by minors.
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therealssjlink
Posts: 118 |
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Out of curiosity, since I heard conflicting reports, I thought that it was stated that they found real images as well as drawn images?
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jhuhn
 Posts: 147 |
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If he is unable to pay or refuses to pay the $250,000 fine, would his jail sentence be extended to 25 years to life?
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Hexon.Arq
 Posts: 79 |
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Yet another something that will be viewed as quaintly absurd come the passage of a few decades.
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fusion duelist
Posts: 58 |
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I think your thinking of those two people in Canada. |
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GWOtaku
 Posts: 678 |
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Remember, there is no minimum sentence. So he could well get a slap on the wrist instead of substantial jail time or a massive fine.
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KrisEllieOphi
 Posts: 111 Location: Texas |
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He would have been charged flat out for child pornography in that case. They shot that charge down; either because it didn't hold (because they weren't real children), or because this "Title 18, United States Code, Section 1466A(b)(1)" fit the case better. This obscenity code is essentially a child pornography law though, just in regard to "a drawing, cartoon, sculpture, or painting." So when you get down to it, the charge is basically the same, it's just called something else, and probably carried a different kind of sentence. Anyway, punishment says:
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