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NEWS: Virginia Man's 20-Year Sentence for Anime Child Porn Upheld


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yblees



Joined: 10 Jul 2008
Posts: 165
Location: New Zealand
PostPosted: Sun Dec 21, 2008 7:03 pm Reply with quote
Isn't the title of this news article really misleading?
He was originally convicted for HAVING REAL CHILD PORN - and as part of his parole was NOT ALLOWED TO HAVE ACCESS TO CHILD PORN.
In this case, the judge would simply be classifying the hentai manga as "porn" which he was not allowed to have...etc.
I think that's justified.

Just hope this doesn't sour upcoming the Iowa case - which IMO is really unfair on Mr. Handley.
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Webbmaster62



Joined: 20 Dec 2008
Posts: 41
Location: Ft. Worth TX
PostPosted: Sun Dec 21, 2008 7:04 pm Reply with quote
This is all I got to say about this case. Real Child Porn and already being convicted, Yeah, he deserves everything he gets, as for the drawings,


http://www.law.duke.edu/journals/dltr/articles/2002dltr0019.html


The Supreme Court has already dealt with this and deem it not worth there time seeing as it would affect the entertainment business big time. As in this link of the whole thing right here.
So, if they want to get this done and over it, as well as with the Iowa case, take it back to them. That way we can finally get a ruling instead of a ducking on this and be done with it.
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nobahn
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Joined: 14 Dec 2006
Posts: 5122
PostPosted: Sun Dec 21, 2008 10:38 pm Reply with quote
GeorgeC wrote:
Sock wrote:
nooneofconsequence wrote:
Basroil wrote:
I have no problems with his conviction seeing as he had real child porn but the inclusion of drawings is unbelievable. This is the death of the US Constitution if having any kind of drawing can put you in prison.


The US Constitution is a living and adaptable document that will survive. It was designed to be tested like this. I mean stuff like the Alien and Sedition Acts of 1798, Espionage Act of 1917, Sedition Act of 1918, and Smith Act should have killed it a few times already if we want to use your and others' alarmist rationale. If something is truly unconstitutional, the US Supreme Court will find it so and remedy the situation.

Underage porn no matter if it is either the real deal or something illustrated is just wrong, and I strongly feel that fandom should grow a pair and set some standards about what situations to support in these types of cases instead of going into either a Chicken Little mode or persecution complex about the First Amendment. The stuff these guys were arrested with is a completely different nature than what you find in mainstream Japanese magazines like Megami or anime like Mahoromatic. With the Catholic priest scandals, Michael Jackson trial, large child porn ring busts, and the fact that child slavery is very alive and well throughout the world, I really can't feel sorry for anyone who goes to trial for possession of loli porn... especially with some of the more hardcore stuff. Reality is way too sobering to elicit any of my sympathy.


So you're willing to let someone who didn't do anything wrong to go to jail just for a drawing? And you DON'T see how this can turn into a downhill tumble?

I don't feel any sympathy for the guy in this case (I even laughed about it) nor do I like loli porn, but to jail someone just for thought and not action is, to me, morally bankrupt. At that point, you're not judging a man by his deed, you're judging him by his thought. Yes I pulled out the thought crime card, because that's exactly what you are suggesting should be put into effect.



When you're single, you get morally outraged about censorship.

AFTER you have your own kids or have younger siblings and cousins you care about, then you understand why people get up in arms about pedophilia in ANY shape and form.

Japan's going through some soul-searching on this, too, if you haven't noticed the increasing news about crackdowns on some forms of hentai. There's a heck of a lot of sexual harrassment in public towards women and school girls over there and they've had their own school shootings, too.

Unfortunately, in all human society, there are degenerates that do act out some incredibly horrific scenarios. Ideas do get put into people's heads through movies, books and films. Generally, we're talking about people (men AND women) who were dirtbags or had a few screws loose in the first place.

Look, you can make up statistics and word questionnaires however you want to support your position. It doesn't change the fact that some horrible things arise from the more extreme and outrageous forms of entertainment. There are definitely people who you have to watch out for, and, unfortunately when society doesn't keep an eye on its predators kids and women are usually the ones who suffer to the point of sexual abuse and/or murder.

When you're an adult, to each his own discretion on the limits of what they consider good taste and within their own acceptable limits of violence... I, for one, don't particularly go for things that dwell on forms of torture, humiliation, and degradation of any human being or animal.

However, when very young kids enter your world, your own rules have to be changed for their safety and their general well-being and development.

I have encountered far too many people and brats in real-life who had parents that didn't put any kind of limits on them, or didn't seem to give a darn for their kids. It generally isn't for the better in those cases.



GeorgeC--

You either do not care, or are genuinely ignorant about about the ramifications of this Pandora's Box being opened.

Quote:
"In Germany, they came first for the Communists,
And I didn’t speak up because I wasn’t a Communist;

"And then they came for the trade unionists,
And I didn’t speak up because I wasn’t a trade unionist;

"And then they came for the Jews,
And I didn’t speak up because I wasn’t a Jew;

"And then . . . they came for me . . .
And by that time there was no one left to speak up."
--Pastor Martin Niemoller (1892-1984)

What this is about is nothing less than thought crime. I realize that it does not get anywhere near as much attention as the Jewish Holocaust, but Stalin did have millions of people killed; some with a bullet, others through starvation and exposure to the elements. I know that you think that nothing like this can happen in the good 'ole U.S. of A., but others thought that very same thing in the Weimar Republic (pre-Nazi Germany) and Russia/U.S.S.R. If you have not read Animal Farm (or its much more famous cousin 1984) by George Orwell then I strongly suggest that you read it. It CAN happen here.

Quote:
Progress, far from consisting in change, depends on retentiveness. When change is absolute there remains no being to improve and no direction is set for possible improvement: and when experience is not retained, as among savages, infancy is perpetual. Those who cannot remember the past are condemned to repeat it. (my emphasis --nbahn)
--George Santayana (1863-1952)


You can invoke your children until you are blue in the face, but a thought crime by any other name is still a thought crime.
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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Mon Dec 22, 2008 2:36 am Reply with quote
zerome wrote:
What else do you think the people here are arguing about in the first place? I can tell you this, it isn't about whether its ok or not for someone to have real child pornography.

And that is what is making me wonder whether the arguments are really worth the efforts that are put into them. The amount of defence for the sub-genre is making me feel like that in the end it really isn't worth defending in the first place. Now I'm starting to get the feeling of how a certain ANN administrator has been feeling all these years in his stance on the issue of lolicon. I've been on the fence about it but now I'm really starting to lean over to the side that to me makes sense. And it isn't in defence of loli.
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Unit 03.5-ish



Joined: 07 Dec 2008
Posts: 1540
Location: This space for rent
PostPosted: Mon Dec 22, 2008 11:39 am Reply with quote
How'd this go from "loli = BAD" to revolutions and uprisings, anyway?
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nobahn
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Joined: 14 Dec 2006
Posts: 5122
PostPosted: Mon Dec 22, 2008 1:32 pm Reply with quote
Unit 03.5-ish wrote:
How'd this go from "loli = BAD" to revolutions and uprisings, anyway?


May I trouble you to elaborate on that Question
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Mon Dec 22, 2008 1:44 pm Reply with quote
nbahn wrote:
Unit 03.5-ish wrote:
How'd this go from "loli = BAD" to revolutions and uprisings, anyway?


May I trouble you to elaborate on that Question
Simply start at page 1 and work your way down. Wink
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burzmali



Joined: 21 Oct 2005
Posts: 143
PostPosted: Mon Dec 22, 2008 4:43 pm Reply with quote
nbahn wrote:
Unit 03.5-ish wrote:
How'd this go from "loli = BAD" to revolutions and uprisings, anyway?


May I trouble you to elaborate on that Question


Well, nbahn just invoked Godwin's law, so is there any way the management would kill this completely misguided armchair lawyering?
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Ganryu



Joined: 05 Mar 2005
Posts: 106
PostPosted: Mon Dec 22, 2008 6:28 pm Reply with quote
fighterholic wrote:
zerome wrote:
What else do you think the people here are arguing about in the first place? I can tell you this, it isn't about whether its ok or not for someone to have real child pornography.

And that is what is making me wonder whether the arguments are really worth the efforts that are put into them. The amount of defence for the sub-genre is making me feel like that in the end it really isn't worth defending in the first place. Now I'm starting to get the feeling of how a certain ANN administrator has been feeling all these years in his stance on the issue of lolicon. I've been on the fence about it but now I'm really starting to lean over to the side that to me makes sense. And it isn't in defence of loli.


That's fairly weak actually. That's like saying that because you don't want to help those being oppressed, you're joining the side of the oppressors.
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nobahn
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Joined: 14 Dec 2006
Posts: 5122
PostPosted: Mon Dec 22, 2008 10:35 pm Reply with quote
burzmali wrote:
nbahn wrote:
Unit 03.5-ish wrote:
How'd this go from "loli = BAD" to revolutions and uprisings, anyway?


May I trouble you to elaborate on that Question


Well, nbahn just invoked Godwin's law, so is there any way the management would kill this completely misguided armchair lawyering?



Burzmali--

If I understand you correctly -- and I'm not sure that I do -- what you're implying is that fascism could never break out in the U.S. If that in fact is the case, then I respectfully disagree. It wasn't really so long ago that the House Un-American Activities Committee (HUAC) was hauling leftists in and asking that immortalized question: "Are you, or have you ever been, a member of the Communist Party?" Loyalty oaths became de rigeur for those in government and at universities. Those who did not answer correctly lost their livelihoods. The Left literally lived in fear during the McCarthy era and fascism did truly flourish in the U.S. during that time.

And the McCarthy era was not a one-time event either. The Palmer raids (directed by a young J. Edgar Hoover) from 1918 to 1921 were initially aimed at radical/militant leftists (but were subsequently expanded to include most of the Left) by the Right who were afraid that the status quo would be upset by the Left.
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Jedi Master



Joined: 28 Nov 2008
Posts: 400
PostPosted: Tue Dec 23, 2008 6:37 am Reply with quote
fighterholic wrote:
zerome wrote:
What else do you think the people here are arguing about in the first place? I can tell you this, it isn't about whether its ok or not for someone to have real child pornography.

And that is what is making me wonder whether the arguments are really worth the efforts that are put into them. The amount of defence for the sub-genre is making me feel like that in the end it really isn't worth defending in the first place. Now I'm starting to get the feeling of how a certain ANN administrator has been feeling all these years in his stance on the issue of lolicon. I've been on the fence about it but now I'm really starting to lean over to the side that to me makes sense. And it isn't in defence of loli.


Thoughtful debate is healthy. It helps people think about the issue. The arguments are worth the efforts put into them because the people making those arguments believe it to be so. The freedom to think your own thoughts and feel your own emotions without fear of oppression is precious. This isn't just about "defending loli". And while this is about defending freedom in choice of art, literature, music, etc. it is also much more. This is about defending your right to be an individual.

Individuals will disagree because they have their own unique thoughts, feelings, and opinions. These form the building blocks of an individual's identity. The horror comes from the idea that your freedom could be taken away, not because you caused harm to anyone, but because others find your identity objectionable.
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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Tue Dec 23, 2008 1:34 pm Reply with quote
Ganryu wrote:
That's fairly weak actually. That's like saying that because you don't want to help those being oppressed, you're joining the side of the oppressors.

Well, maybe that's because my ground is different from the rest of those who wish it to be more so. I've never been an avid reader of loli, while I have had the opportunity to read it, the genre is not appealing at this point in time. Which is why I don't understand why many are now trying to defend the genre. The man does deserve to be in jail, and while I would to an extent agree that he does not deserve to be in jail for the loli that he possessed, my standing on the loli issue is such as I have been saying right now.

Jedi Master wrote:
This is about defending your right to be an individual.

Well then let me defend my right to my stance on the issue by saying that I think that loli is wrong.
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Ganryu



Joined: 05 Mar 2005
Posts: 106
PostPosted: Tue Dec 23, 2008 6:45 pm Reply with quote
fighterholic wrote:
Well, maybe that's because my ground is different from the rest of those who wish it to be more so. I've never been an avid reader of loli, while I have had the opportunity to read it, the genre is not appealing at this point in time. Which is why I don't understand why many are now trying to defend the genre. The man does deserve to be in jail, and while I would to an extent agree that he does not deserve to be in jail for the loli that he possessed, my standing on the loli issue is such as I have been saying right now.


I defend scat porn. That doesn't mean i like it. Hell i don't like most of the lolicon that floats around NOR do i like toddlercon (if you're familiar with that phenomenon). That doesn't mean i don't defend either and it doesn't mean i oppose either.

"It's because the same laws cover the stuff you like and the stuff you find icky, wherever your icky line happens to be: the law is a big blunt instrument that makes no fine distinctions, and because you only realise how wonderful absolute freedom of speech is the day you lose it." - Neil Gaiman

If lolicon becomes illegal, things that are right now "borderline" lolicon might also fall under the law. For example Haruhi porn and almost ALL hentai that depicts school girls (which IS pretty much all hentai). So yeah. I defend all of it.
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Xanas



Joined: 27 Aug 2007
Posts: 2058
PostPosted: Tue Dec 23, 2008 9:12 pm Reply with quote
I really think people are stretching to say that any regulation about obscenity is the same as regulation over everything.

I'm not in agreement with jail time on an initial conviction over someone caught with child-porn animation (again, the points here are well made about it not involving children, etc.). That being said, I don't think it's good to promote such work, and I think someone should be forced to seek help if they are doing this.

1) Yes, it's true that child-porn animation doesn't cause people to act out anymore than heterosexual porn causes rape, but constant entertainment of wrong thinking is certainly not beneficial. This isn't like violence, which is neutral in and of itself. There is no such thing as good child sexuality. And I don't think anyone can deny that media has influence on some people. Sure, I'll grant that it may not hurt most, but if the media truly has no redeeming value then why defend it? (If you are saying it has redeeming value of any kind, you are definitely defending the media and going beyond the slippery slope argument)

2) Slippery slope arguments abound here. The argument seems to be that any regulation is too much, which is honestly a quick way to get no hearing at all from the other side. If the most important thing is that the punishment is too harsh, go after the logic behind lowering the punishment (there is no direct harm), rather than proceeding onto discussions of how this limits all freedom when it clearly does not do that. You can only say that when they are actually coming after you for "Haruhi porn" and if you can find me an example of someone being put in prison for that for 20 years.. please do. I think I'll be waiting awhile. We all know these 2 things aren't the same.

My thoughts concerning this are based on the belief that such individuals who are into child-pornography can be cured. I'm not certain this is true in all cases. If they cannot be, then I would seek more study on whether or not this actually causes them not to commit crime or doesn't have any affect. I tend to think though that people can control their desires as long as they don't focus on what they know to be wrong.
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fighterholic



Joined: 28 Sep 2005
Posts: 9193
PostPosted: Wed Dec 24, 2008 1:06 am Reply with quote
Ganryu wrote:
If lolicon becomes illegal, things that are right now "borderline" lolicon might also fall under the law. For example Haruhi porn and almost ALL hentai that depicts school girls (which IS pretty much all hentai). So yeah. I defend all of it.

Yes that would be bad, but at the same time I'm not feeling obliged to do so, unlike you and many others now. So you can say that I have a weak argument all you want, but I don't have to defend the genre, and with certain recent developments, don't see why I have to.
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