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NEWS: American Legal History on Anime, Manga Analyzed


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GATSU



Joined: 03 Jan 2002
Posts: 14734
PostPosted: Thu May 14, 2009 12:18 am Reply with quote
I like how our government doesn't want to prosecute people for torture, but if someone looks at dirty drawings, they should be locked up. Rolling Eyes After reading about Whorley, though, I gotta say that he's a dumbass.

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and his defense is negotiating a guilty plea for a possible lighter sentence.


What's the point of donating to CBLDF, if that's the best they can come up with to help the guy?

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Unlike Godanner, GaoGiaGar isn't aimed at those fans that have grown up and developed a taste for extreme fan-service and romantic drama; its aimed at the fans that never grew up at all. Don't hide it you know who you are....


Does that mean everyone who's seen Transformers and Harry Potter is into child porn too? Rolling Eyes Maybe MB should use it to help sell the sets. Laughing

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there exists no right to ... possess obscene materials that have been moved in interstate commerce...


But what if someone recorded Janet Jackson's nipple or those Skinemax dirty movies?
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Greed1914



Joined: 28 Oct 2007
Posts: 4049
PostPosted: Thu May 14, 2009 12:33 am Reply with quote
From what I've read about this case, it certainly seems ridiculous and that people are overreacting. However, the part that seems especially ridiculous is that he has to submit to random drug testing. I know that's part of the standard procedure and all, but it's not like drugs were involved in this. He isn't being charged with any drug related offenses, so I really hope they save everyone some time and money by not bothering with that part.
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Daemonblue



Joined: 05 Jul 2006
Posts: 701
PostPosted: Thu May 14, 2009 12:38 am Reply with quote
It's not the CBLDF that's pushing for it, it's him and his lawyers. The CBLDF were there for if he decided to go to trial, which personally I think they coulda brought this higher up and possibly get some of the old and abused laws changed. I suggest reading the full analysis that's linked to as it's a very good read as well as an example of some of the silly legal double-speak being used in today's courts.

Edit: @Greed Your name explains why the random drug testing is part of the procedure, since it's the person getting tested that has to pay for them.
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msgundam2



Joined: 28 Dec 2005
Posts: 271
Location: Indiana USA
PostPosted: Thu May 14, 2009 12:42 am Reply with quote
how can are government ban a person from anime, manga, and Japanese stuff. and I can't watch GaoGaiGar without being a pedo.
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dizzywulf



Joined: 16 Aug 2005
Posts: 102
Location: Wakayama, Japan
PostPosted: Thu May 14, 2009 12:44 am Reply with quote
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.
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peachsncreamsoda



Joined: 25 Oct 2006
Posts: 270
PostPosted: Thu May 14, 2009 12:53 am Reply with quote
i'm just confused by almost all of this. I can't really decide what I agree with and what I don't. What sounds right and what isn't. maybe i'm just missing something but...

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The prohibitions under Section 1462 - which makes it a crime to use an "interactive computer service" to "take or receive" any "obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character"

Meaning someone can only be charged with receiving them on a public computer, or is that all computers, including personal ones in general?

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Section 1466A, "Obscene visual representations of the sexual abuse of children."


Basically meaning that it is illegal to have said 'drawings'. Since 'visual representations' could mean just about anything relating to that. Be it real or not.

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It defines "actual or simulated" conduct, but how can a cartoon character's conduct be "actual"?


Maybe it falls under just simulated? It does say actual or simulated.

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"from viewing or accessing anime on the Internet,"


All, or just those that depicted minors engaging in sexual acts?

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Christopher Handley's circumstances were vastly different from Dwight Whorley's when law enforcement officers followed him home from the Post Office on May 23, 2006. He had just picked up a package from Japan containing manga.


Just because he picked up manga? Surely they were following him for more reasons than that.

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A thorough search of his home turned up only more of it: some 1200 magazines, hundreds of DVDs, laser discs and videotapes, and an untold number of images on computer, but no child pornography or even images of nude minors.


So why was he in trouble if there wasn't any child porn or even any images of nude minors?

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In that case the defendant was charged and convicted for "producing" obscenity by using software to edit and paste together parts of pre-existing pornography with legal photos he took of local girls to make it appear as if the girls were engaging in sexually explicit conduct. (He did not disseminate these images, but kept them for his private viewing.)


Now thats going a little too far. Seriously, that is kind of ridiculous imo.

I don't know, after reading the whole article I can't tell what it is i'm defending anymore if anything. Nothing in the entire article was exactly clear. All I can say is there needs to be some new laws, or they need to do some serious readjusting.
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doc-watson42
Encyclopedia Editor


Joined: 10 Feb 2003
Posts: 1706
PostPosted: Thu May 14, 2009 1:09 am Reply with quote
Manga Blog has an editorial on Stanley's essay:

Editorial: The Handley case and the slippery slope

(I have yet to read either.)
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MagusGuardian



Joined: 05 Nov 2007
Posts: 585
PostPosted: Thu May 14, 2009 2:10 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.


I have to agree that looking up gothic lolita bible and gaogaigar getting him into more trouble is a bit extreme, so far as from what I've read from posts about this case before hand is that
apparently his package containing whatever manga that jumpstarted this whole thing was searched without any real reason, his home was search without warent (don't correct me on this my memorry is a little shotty with legal stuff).:Edit:. ok seems his home was searched with a warent, read the editorial doc-watson42 linked.:edit:., he had no intent of distributing any pornagraphic material or purchase of said materail involving children, and he has No child porn in any shape or form on his computer or in physical form (i.e. printed pictures or books) so with most of the evidince being controversial How is this case still going?

msgundam2 wrote:
how can our government ban a person from anime, manga, and Japanese stuff, and I can't watch GaoGaiGar without being a pedo?


last I checked gaogaigar features No sexual abuse, intercourse, themes, or hints of lewid acts, minors sneaking around to view porn, or minors ingaging in intercourse. Unless your gonna get painfully anal about some of the young femal characters wearing thigh length stockings or miniskirts (note minor fixes to msgundam2's post) if anything the only amount of sexual themes or abuse in gaogaigar that I've seen so far is in the OVA and that's not very much or long

SpaceDrake wrote:
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.


if anything it should, if a state govt is going to invade someones personal privacy at this level theres no telling what would happen if people like this were involved in any of the national govt, sorry if my posts seems eradic I tend to burn out after midnight and get appoligetic of my eradic posting

SpaceDrake wrote:


edit:

MagusGuardian wrote:
if anything the only amount of sexual themes or abuse in gaogaigar that I've seen so far is in the OVA and that's not very much or long


It's also not commercially available in the United States. The GaoGaiGar material cited in the case was an advertisement for the show, in a periodical that is sold by Tokyopop in bookstores. It is beyond ridiculous that it would be cited for breach of a child pornography avoidance order.
, ok the cited material WAS AN ADVERTISMENT?!?!? How dense are these people, are they just labling ANYTHING not produced in america offensive? pornagraphic? distasteful? What the hell happend to cultrual accep, oh wait this is america after all where a hmong gang will get ANY american of asian decent labled as a gang member, street racer, thief, or anyother stereotypical harrasment to labal an asian

:edit:
I just want to say one last thing, if these people are so serious about these socalled obcenities then why the hell are they starting off with something that's produced in another nation, there are FAR worse things produced in the united states then what can be found common in japan, most of americas media is built up on murder, drugs, rape, sex, gangs, procreation of greed, and all kinds of things that are considered common raitings grabbing music selling media elements in the states but is seen as something vial and destructive if it's from a different nation. Fix the front door BEFORE the porch


Last edited by MagusGuardian on Thu May 14, 2009 3:06 am; edited 3 times in total
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SpaceDrake



Joined: 05 Mar 2007
Posts: 19
PostPosted: Thu May 14, 2009 2:24 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.


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.

edit:

MagusGuardian wrote:
if anything the only amount of sexual themes or abuse in gaogaigar that I've seen so far is in the OVA and that's not very much or long


It's also not commercially available in the United States. The GaoGaiGar material cited in the case was an advertisement for the original child-friendly show, in a periodical that is sold by Tokyopop in bookstores. It is beyond ridiculous that it would be cited for breach of a child pornography avoidance order.
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GeneralArrow



Joined: 15 Jun 2008
Posts: 225
Location: United States
PostPosted: Thu May 14, 2009 3:36 am Reply with quote
Well the fact that our "Freedom of Speech" is fairly worthless now and its only gona get even more tramped upon. Not that I believe that people should be in possession of child pornography but it is all kinda going down hill.
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Annf



Joined: 20 Feb 2009
Posts: 578
PostPosted: Thu May 14, 2009 4:33 am Reply with quote
Daemonblue wrote:
personally I think they coulda brought this higher up and possibly get some of the old and abused laws changed.

He's probably experienced suicide-inducing levels of stress by this point and wants to get away from it as quickly as possible and salvage what livable life he can.

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.

From what we know of this case (he was buying BL/yaoi manga), and considering the backlash against the recognition of gay marriage in Iowa, it seems far more likely this was motivated by a desire to “strike back at the gay agenda” than anything to do with child-character porn. They charged him with a half-dozen different obscenity laws: they simply slapped on anything they could find, and the Protect Act was just one of them.

Normally, someone being prosecuted for buying homosexual literature would have triggered a huge uprising from gay activists groups around the country, but by using the Protect Act to imply he’s a pedo, the prosecution distracted everyone from what was really going on and silenced gay/lesbian groups who are nervous about associations with pedophilia.

We can expect to see all future artwork obscenity cases include a Protect Act charge, no matter what the art is.
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kefkaownsall



Joined: 05 Jul 2008
Posts: 189
PostPosted: Thu May 14, 2009 5:42 am Reply with quote
Oh great non hentai Ads.

Head desks.
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se37



Joined: 08 Dec 2007
Posts: 228
Location: Annapolis, Maryland
PostPosted: Thu May 14, 2009 7:29 am Reply with quote
It really upsets me to see anime and manga taken like this. Hell, could they go after hentai movies now just because they seem to be nasty? Why is the government waisting time on this? Oh right, to be re elected and to get more money. And people wonder why I'm not for this country and want out as soon as I can.

I just hope the government doesn't raid my house due to my personal secret doujins I have hidden in my room.
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project-surge



Joined: 05 Jun 2007
Posts: 1
PostPosted: Thu May 14, 2009 7:55 am Reply with quote
I cant believe people are being so stupid there just drawings, an either way who is going to get offended stupid people gotta take everything up the ass these days fudge
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LordPrometheus





PostPosted: Thu May 14, 2009 8:02 am Reply with quote
While I have absolutely zero sympathy for actual child pornagraphers and those who derive pleasure from such deviancy, in this case it appears that the defendant (Handley) had absolutely nothing to do with anything remotely involving child porn. While I'm personally against regular porn and find it disgusting, I support people's rights as Americans to exercise their free speech rights and read Playboy. The government has no business storming into the homes of private citizens and telling them what they can and cannot read or view in their spare time.

What I really find ridiculous in this whole mess is the fact that some idiot judge out there agreed that GaoGaiGar, ANN, and a random advertisement are obscene. Seriously, what the frig are these people smoking?? Rolling Eyes
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