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NEWS: American Legal History on Anime, Manga Analyzed

So really some of these grand conspiracy theories need to stop.

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?!

What the fudge is with this obscenity law though? So does this mean if I say I ordered a porno DVD starring Ron Jermy and a 22 year old chick that is supposedly "legal" I could still go to jail becasue it's "obscene" and went through "interstate commerce?" This whole notion of interstate commerce seems like a load of bs to me. Basically that entails anything bought or sold in the United States from my recollection of business law.

J-Syxx wrote:

What the fudge is with this obscenity law though? So does this mean if I say I ordered a porno DVD starring Ron Jermy and a 22 year old chick that is supposedly "legal" I could still go to jail becasue it's "obscene" and went through "interstate commerce?" This whole notion of interstate commerce seems like a load of bs to me. Basically that entails anything bought or sold in the United States from my recollection of business law.

The interstate commerse laws exist for the sole purpose of allowing the federal government to stick its nose into the business of individual citizens, rather than leaving the law enforcement to local governments. It's the only way the federal goverment can supercede the rights and authority of state governments.

However sketchy the credentials of the author of the article, he seems to imply that the judge in the Handley case was appointed as a result of the former Bush administration. This does not bode well for Handley at all, and may be a reason Handley is considering a plea deal.

The plea deal itself is what bothers me the most, though. Basically, Handley is flip-flopping, telling the legal system that he was, indeed, in the wrong and that what he did was, in fact, illegal. If he'd fought it, even if he lost the trial, he would have had appeals options. He could have tied this thing up in court for years, possibly taking it to the US Supreme Court. But maybe that burden, of being the one who would set the ultimate precedent, scared him too much. What if he failed? What if, after all that effort, he lost an appeal to the US Supreme Court, and his case really did become a precedent that would make all our manga and anime collections illegal? He would have been the first one to go to trial for not having any actual child pornography in his possession and he's back-stepping now because he probably realizes just what this means for him. His lawyers have probably been begging him to plea it down for months, if not years, and only at this late stage does he seem to have gotten cold feet. I'm not sure how to feel about it. I'm not sure what I'd do in his place, though I know I don't own any manga, anime or doujinshi depicting adults having sex with chlidren, or humans having sex with animals, so who knows.

And who exactly is going to be paying for his defense?

hikaru004 wrote:

And who exactly is going to be paying for his defense?

I'm not sure I understand your question. All Americans are guaranteed the right to legal counsel, whether or not they can afford it. If he has no money to pay for his own lawyer, one will be appointed by the court. I honestly don't see whatever point you are trying to make here. The CBLDF was offering their legal advice and expert testimony at the trial at their own expense. They aren't going to pull it because they have to "run off to defend the next guy."

His lawyers have probably been begging him to plea it down for months, if not years, and only at this late stage does he seem to have gotten cold feet. I'm not sure how to feel about it. I'm not sure what I'd do in his place, though I know I don't own any manga, anime or doujinshi depicting adults having sex with chlidren, or humans having sex with animals, so who knows.

The guilty plea is very surprising, since I’m under the impression that one of the conditions for CBLDF’s involvement in any first amendment-related case is that the defendant must not plead guilty…

So if the Handley is considering a guilty plea, the Fund may not even be aware of this and certainly isn't involved in a way that not pleading guilty would have been a precursor to their coming aboard.

There is explicit sex in yaoi comics. And the men are drawn in a very androgynous style, which has the effect of making them look really young. There’s a real taboo in Japan about showing pubic hair, so they’re all drawn without it, which also makes them look young. So what concerned the authorities were the depictions of children in explicit sexual situations that they believed to be obscene. But there are no actual children. It was all very crude images from a comic book.”

While I don’t feel comfortable saying much but I really wish his attorney would actually feel like there was a chance of winning this case. I dunno… when even your attorney suggests that a person take a plea bargain (...)