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Cait
Joined: 29 May 2008
Posts: 503
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Posted: Wed May 20, 2009 10:04 pm
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Wetall wrote: |
Wait a second, wasn't this technically a conviction based purely on obscenity charges rather than the sex involving "minors"? |
In this case they are one and the same. I don't know that it would have matter how "obscene" the depictions of minor engaged in sexual acts were, but overwhelmingly focused on the fact that the characters depicted were minors. If the characters depicted were "clearly" adults, regardless of the "distastefullness" of the content, I don't think we'd be having this discussion on this forum now. Being drawings would probably have been enough to keep Handley from being charged, or at the very least, give him a much better chance of beating charges at trial. Whenever the word "child abuse" is uttered by anyone, people seem to go completely insane, losing any sense of objectivity in any situation.
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Josh7289
Joined: 27 Aug 2005
Posts: 1252
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Posted: Wed May 20, 2009 10:15 pm
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hikaru004 wrote: |
Josh7289 wrote: |
hikaru004 wrote: |
Josh7289 wrote: |
And with this, US citizens lose another facet of freedom.
What a repressive, Puritan society we are. =/ |
Child porn was never protected here. If you call this "repressive" then you need to live in a truly repressive country to understand what freedom truly is. |
This isn't child porn.
And I understand that US citizens enjoy relatively expansive freedom, but it could still be (so much) better. |
The resolution of the case interprets this differently. It just didn't specifically say the phrase "child porn". |
I know the courts interpreted this differently from me. And I'm saying they interpreted it wrongly.
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inquis122
Joined: 10 Mar 2008
Posts: 4
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Posted: Wed May 20, 2009 10:17 pm
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hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble?
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MisterH
Joined: 05 May 2009
Posts: 30
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Posted: Wed May 20, 2009 10:19 pm
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JairStout wrote: | But no, they lock up some hermit who probably never ventures outside for possessing some lewd drawings. And what did they do exactly? Bust down his door and start flipping through his manga collection looking for drawings of underage children? "Hey, Chief, you better come look at this." "Oh yes, I see. She definitely looks underage. Good work, son. Let's bag this sicko." |
But next thing you know, this guy could be on some IM network, chatting up who he thinks are troubled teenagers, when they're really Chris Hansen.
Or he may miraculously gain an interest is his fellow 3d kind once again, and start to branch out into other obcenities to satiate his desires.
Stranger things have happened!
I mean, Larry Flynt was freakin shot.
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Panda Man
Joined: 12 Oct 2007
Posts: 257
Location: North Carolina
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Posted: Wed May 20, 2009 10:19 pm
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Muon wrote: |
Quote: | sounds like Title 18 is also breaking freedom of speech to me |
Actually, a common misconception held by many citizens is that Freedom of Speech protects anything and everything when in fact there are exceptions in which pornography and obscenities meeting the requirements of the Miller Test are included.
Hence, Title 18 - in that respect - is not unconstitutional. |
Actually, they are going against freedom of speech. The Miller Test came into existence in 1973, which is too long after the Constitution. Without a proper amendment, it shouldn't be used at all. Thus, everything he had was protected by Freedom Of Speech.
The Miller Test is messed up mainly because depending on where it is done at, it will give different results.
Also, why is porn protected under free speech when it is counted as obscene by most people?
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Mune
Joined: 20 May 2004
Posts: 376
Location: Minnesota
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Posted: Wed May 20, 2009 10:27 pm
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inquis122 wrote: | hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble? |
If you're that worried about it, hide at a friend's house or something until well after it arrives. But, I wouldn't sweat it. You only have like, what, 10% chance of being search by customs. More than likely, it'll be dismissed as regular manga for 18+.
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Sailor S
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Posted: Wed May 20, 2009 10:30 pm
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Guess I'm going up the river for owning the Ai Yori Aoshi manga. Damn you Chika and your getting nakedness!
But yeah, anyone who goes with the "But you never know, he might have decided to become a real child predator after reading loli manga" needs to get their heads examined. Every human has the capacity to murder someone, so we should all be in prison, because you never know.
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BellosTheMighty
Joined: 27 Nov 2007
Posts: 767
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Posted: Wed May 20, 2009 10:35 pm
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Is there a lawyer on the boards? Or a law librarian? Because I've got a question or three; Isn't the prosecution supposed to submit into evidence the materials in question, including at the very least the titles of and some data on these objectionable works? And aren't the court documents supposed to be a matter of public record? And so then couldn't someone with access to the right databases figure out just what works were considered objectionable? And then let us know, so we could try and figure out just how much, if any, the prosecution's case was stretched? And... uhhhhh... if there is a law librarian on these boards, can you do it? ;;;;;;;;
I'd do it myself, really, but I don't have access to any legal databases, and I... ummmm... didn't do so good in my reference classes...
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hikaru004
Joined: 15 Mar 2004
Posts: 2306
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Posted: Wed May 20, 2009 10:38 pm
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inquis122 wrote: | hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble? |
Well the manga also has say that the characters are 18+. I wouldn't believe some of those depicted are just by going by the hairstyle. Too juvenile. No offense.
Also, the site does have a disclaimer about the buyer having to know the laws in their own country.
And Yoko from TTGL was not an 18yo at the start of the series.
Last edited by hikaru004 on Wed May 20, 2009 10:44 pm; edited 1 time in total
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BellosTheMighty
Joined: 27 Nov 2007
Posts: 767
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Posted: Wed May 20, 2009 10:42 pm
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hikaru004 wrote: |
inquis122 wrote: | hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble? |
Well the manga also has say that the characters are 18+.
Also, the site does have a disclaimer about the buyer having to know the laws in their own country.
And Yoko from TTGL was not an 18yo at the start of the series. |
Also, IIRC, JLIST ships their stuff from a warehouse in San Diego. Which means customs should be nowhere near their shipments to customers. Their shipments TO the warehouse, maybe, but if that happens they'll hit the company.
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britannicamoore
Joined: 05 Dec 2005
Posts: 2618
Location: Out.
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Posted: Wed May 20, 2009 10:50 pm
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time to cancel those Gravitation megamixes.....
This is actually pretty scary. I'd make a bad joke about how people should stick to scans but now doesn't seem to be the best time.
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hikaru004
Joined: 15 Mar 2004
Posts: 2306
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Posted: Wed May 20, 2009 10:50 pm
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BellosTheMighty wrote: |
hikaru004 wrote: |
inquis122 wrote: | hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble? |
Well the manga also has say that the characters are 18+.
Also, the site does have a disclaimer about the buyer having to know the laws in their own country.
And Yoko from TTGL was not an 18yo at the start of the series. |
Also, IIRC, JLIST ships their stuff from a warehouse in San Diego. Which means customs should be nowhere near their shipments to customers. Their shipments TO the warehouse, maybe, but if that happens they'll hit the company. |
Local post office still has a say if they suspect something. Handley was caught on an interstate shipping charge after all. The receiver (customer who ordered the merchandise) still gets into trouble.
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Some Guy
Joined: 31 Aug 2008
Posts: 135
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Posted: Wed May 20, 2009 10:53 pm
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inquis122 wrote: | hey, sorry to bother you guys again, but now im getting really worried. as i mentioned before, i recently ordered 4 hentai magazines from jlist. Their site says everybody is 18+, but I could easily see that being misinterpreted by customs. Am in trouble? |
Yes you could be. If you really want to make a difference I suggest you voice your opinion to your senators/reps. I plan to do the same (after I encrypt my hard disk).
*Adjusts tinfoil hat. For anybody who is paranoid, you can encrypt portions of your hard disk with a program called TrueCrypt. It's completely free and uses AES256 encryption which is only crackable via brute force (so use a complicated password). Just dont do it after you get arrested or your computer gets requested as evidence, then it is obstruction of justice (same thing goes for deletion).
This is thought policing. Anybody who says that veiwing of this material has the possibility of leading to the real thing would also have to prove the same for millions of other things (violent movies and TV come to mind). The fact that we dont have dozens, upon dozens, of serial killers running around despite the constant barrage of media violence suggests there is no correlation between the viewing of the material and the likelihood to do something depicted in the material*.
The unfortunate thing is that politicians are in it for themselves most cases. Thus you will likely never see somebody oppose something like the Safe Act less they be labeled a supporter of child abuse. Which is of course equal ridiculous because in the case of drawn or rendered images there is no one to abuse.
-*this assuming it is veiwed at a "mature" age. It may be possible to show a correlation between showing a 5 year old violent images and them end being violent, but then I suspect that has more to do with the material being "traumatizing" and not the material itself.
Last edited by Some Guy on Wed May 20, 2009 10:56 pm; edited 1 time in total
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zanarkand princess
Joined: 27 Oct 2007
Posts: 1484
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Posted: Wed May 20, 2009 10:55 pm
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britannicamoore wrote: | time to cancel those Gravitation megamixes.....
This is actually pretty scary. I'd make a bad joke about how people should stick to scans but now doesn't seem to be the best time. |
Save for Fujisaki they are all legal in Gravitation...
I just wonder why he didn't check the law before importing this kind of thing.
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Wetall
Joined: 20 May 2009
Posts: 70
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Posted: Wed May 20, 2009 10:57 pm
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Cait wrote: |
Wetall wrote: |
Wait a second, wasn't this technically a conviction based purely on obscenity charges rather than the sex involving "minors"? |
In this case they are one and the same. I don't know that it would have matter how "obscene" the depictions of minor engaged in sexual acts were, but overwhelmingly focused on the fact that the characters depicted were minors. If the characters depicted were "clearly" adults, regardless of the "distastefullness" of the content, I don't think we'd be having this discussion on this forum now. Being drawings would probably have been enough to keep Handley from being charged, or at the very least, give him a much better chance of beating charges at trial. Whenever the word "child abuse" is uttered by anyone, people seem to go completely insane, losing any sense of objectivity in any situation. |
You wouldn't know that the obscenity case in and of itself is overwhelmingly focused on the fact that the characters were "minors" because you never were there in the court, you never saw the material for yourself, they never released any documentation identifying the material in question, and all the press has ever spat out was loli this and loli that--All we know is he was arrested for several books, some of which containing material involving "minors" in sexual situations. But remember, from what they've been saying, there are multiple titles involved. That raises the question--To what extent did the "minors" come into play? How exactly did we come to the conclusion that all of the "obscene" material had children getting raped, as opposed to say, 2 out of 7 of the books in question had lolis and the other 5 had violent rape between 40 year olds? The only thing we've ever heard from news sources was the loli-based content because that's what brings peoples' attention: It doesn't give us a clear picture of the situation in any way, shape or form.
Not to mention it doesn't change the fact that the PROTECT Act was thrown out and that it says he was specifically charged for possessing "obscene materials", rather than "virtual child porn". The wording of his "crime" is very important. If they were one and the same, why would they need to even bother going through the lengths to prove that it was in fact obscene?
Besides, there have been dozens of instances in the past where live porn titles have been under fire with obscenity laws, even though they feature adults (2girls1cup comes to mind). Considering that, as well as well how shaky obscenity laws tend to be in general, do you really think an anime/manga featuring adult characters would be somehow immune to obscenity laws if it still contained rape/violence as they described?
Last edited by Wetall on Wed May 20, 2009 11:01 pm; edited 1 time in total
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