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NEWS: Handley to Be Sentenced for 'Obscene' Manga in January


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prime_pm



Joined: 06 Feb 2004
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Location: Your Mother's Bedroom
PostPosted: Tue Nov 10, 2009 9:13 am Reply with quote
Huh, figured there would be at least two pages of people arguing over this. Odd.
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Case



Joined: 09 Apr 2002
Posts: 1016
PostPosted: Tue Nov 10, 2009 9:30 am Reply with quote
prime_pm wrote:
Huh, figured there would be at least two pages of people arguing over this. Odd.


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



Joined: 27 Aug 2005
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PostPosted: Tue Nov 10, 2009 10:00 am Reply with quote
prime_pm wrote:
Huh, figured there would be at least two pages of people arguing over this. Odd.

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



Joined: 18 Sep 2008
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Location: Stardust Speedway
PostPosted: Tue Nov 10, 2009 10:04 am Reply with quote
Josh7289 wrote:
prime_pm wrote:
Huh, figured there would be at least two pages of people arguing over this. Odd.

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.


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



Joined: 24 Sep 2008
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PostPosted: Tue Nov 10, 2009 10:16 am Reply with quote
Zero Gravity wrote:
I wonder, however, how he was discovered with the manga?

My guess would be that customs busted open one of his packages.
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Ramune



Joined: 09 Dec 2007
Posts: 34
Location: CT. of Neo England
PostPosted: Tue Nov 10, 2009 10:31 am Reply with quote
Zero Gravity wrote:
It won't, free expression to me doesn't exist anymore.

I wonder, however, how he was discovered with the manga?


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



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Tue Nov 10, 2009 10:32 am Reply with quote
2DOtaku wrote:
Zero Gravity wrote:
I wonder, however, how he was discovered with the manga?

My guess would be that customs busted open one of his packages.


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



Joined: 02 Apr 2006
Posts: 28
PostPosted: Tue Nov 10, 2009 10:33 am Reply with quote
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



Joined: 07 Apr 2007
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PostPosted: Tue Nov 10, 2009 11:06 am Reply with quote
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



Joined: 30 Apr 2005
Posts: 118
PostPosted: Tue Nov 10, 2009 11:11 am Reply with quote
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



Joined: 25 Jun 2005
Posts: 134
PostPosted: Tue Nov 10, 2009 11:15 am Reply with quote
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



Joined: 20 Aug 2006
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PostPosted: Tue Nov 10, 2009 11:22 am Reply with quote
Yet another something that will be viewed as quaintly absurd come the passage of a few decades.
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fusion duelist



Joined: 27 Nov 2006
Posts: 58
PostPosted: Tue Nov 10, 2009 11:26 am Reply with quote
therealssjlink wrote:
Out of curiosity, since I heard conflicting reports, I thought that it was stated that they found real images as well as drawn images?


I think your thinking of those two people in Canada.
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GWOtaku



Joined: 19 Jul 2003
Posts: 653
PostPosted: Tue Nov 10, 2009 12:09 pm Reply with quote
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



Joined: 02 Apr 2007
Posts: 111
Location: Texas
PostPosted: Tue Nov 10, 2009 12:27 pm Reply with quote
therealssjlink wrote:
Out of curiosity, since I heard conflicting reports, I thought that it was stated that they found real images as well as drawn images?


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:
Quote:
Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
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