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Handley's Attorney Comments on Obscene Manga Case


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pink-marshmallow



Joined: 06 May 2008
Posts: 2
PostPosted: Fri Mar 05, 2010 6:31 pm Reply with quote
im nt even a person to post messages on here, but this caught my eye.
basically, i don't think there is an issue at all with this case. im glad this has happened. its a lesson to you people who are in possession of this kind of immoral material. even if its real life or drawn, you still look at it, and your brain still processes it for what it is.

its not an excuse to say 'oh its not real so its fine'. there has to be a line drawn with anything in society, even the drawn things. sometimes things can go too far.... that includes manga as well. some people love manga too much and boast about 'being otaku' that they will make excuses and defend it, even when what they are looking at is just plain sickening.

i think the problem with the people that defend these grossly offensive materials is that they are so desensitised to this kinda of stuff, and are in contact with people who are also desensitised to it, so they all convince each other what they are doing is fine. it should never be fine, no matter what form it is in kmt.

its a shame Chris got caught slippin but if this didn't happen people would continue to live in bubbles where they feel like they can do anything they want, because what they are reading/watching/doing isn't 'real'.
lool snm.
~~
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rinmackie



Joined: 05 Aug 2006
Posts: 1040
Location: in a van! down by the river!
PostPosted: Fri Mar 05, 2010 10:37 pm Reply with quote
Shut up, troll! I hope what happened to Chris happens to you someday, then you'll understand. But you don't look at such disgusting stuff, do you? Those who make the most noise are often the most guilty.
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Keonyn
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Joined: 25 May 2005
Posts: 5567
Location: Coon Rapids, MN
PostPosted: Sat Mar 06, 2010 4:54 am Reply with quote
Please try and be respectful. An opposing viewpoint, regardless of it being an unpopular one, does not make the poster a troll and warrant aggressive and inappropriate response. As the rules state, you're welcome to disagree, but are expected to do so respectfully.
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pink-marshmallow



Joined: 06 May 2008
Posts: 2
PostPosted: Sat Mar 06, 2010 5:00 am Reply with quote
rinmackie wrote:
Shut up, troll! I hope what happened to Chris happens to you someday, then you'll understand. But you don't look at such disgusting stuff, do you? Those who make the most noise are often the most guilty.


lol excuse me? oh so now im a troll because i have an alternative opinion. woooow.
learn to accept other peoples opinions. not everyone who voices an opposite opinion is a troll you wasteman.

~~
NB: I'm ignoring the rest of your post about ME getting caught slippinn with filthy manga. LOL hope harder.
im 100% uninvolved with this stuff because i can draw lines with the media I choose to look at.. so don't chat like you know me.
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Hayami



Joined: 14 Oct 2004
Posts: 38
PostPosted: Sat Mar 06, 2010 7:58 am Reply with quote
..

Last edited by Hayami on Sat Mar 06, 2010 8:32 am; edited 1 time in total
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Sat Mar 06, 2010 8:07 am Reply with quote
J-Syxx wrote:
Quote:
Just so everyone knows, regular pornography is perfectly legal (animated or not) and is under a different standard than "obscenity."

Can anyone explain why or how "regular" porn gets a free pass from this? I honestly think it wouldn't meet the the community standards test in most places.

Actually NO porn, or any sexually explicit material is safe.

Anyone can bring an obscenity charge against you, and if it just so happens that the community finds them obscene, you're doomed.

You may be able to plead guilty and bargain for a lighter sentence, but in doing so you've now become a criminal, and remain under probation, under constant watch, psychological exams, etc, life ruined. If you fight it out in court, you'll most likely loose, and in addition to becoming a criminal, you can be classified as a sex-offender (!) and can serve up to 20 years (!).

But the strange thing is that obscenity laws do not constitute any kind of blanket or national ban on things. That would require more scrutiny and congress or the supreme court to step in. They allow for anything to remain legal until somebody tells you it's not and you are successfully convicted. It's completely case-by-case but provides plenty of ammunition for those who wish to use it.

Even with this recent Handley and Max Hardcore case, you can legally obtain and posses the same material right now -- the same doujins, the same Max Hardcore porn vids -- again, until some DA, court, and/or community decides to go after you, and in the past there were two cases:
Mike Diana an American artist successfully charged for obscenity for his publication in Florida.
Jesus Castillo, comic shop owner successfully charged for obscenity in Texas, for selling Urotsukidoji.
.. and yet, it's still plainly legal to obtain Urotsukidoji now as it's still sold everywhere.
.. and yet again, if you're charged with obscenity with this explicit material, there's a high chance of being convicted, especially in a red state, unless by some rare luck you have an amazingly open minded judge or jury.


Hardgear wrote:
configspace wrote:
At the risk of soapboxing, this is the reason why America was intended to be a republic and not a democracy.


THANK YOU!! I am so glad someone realizes this. A pure democracy is nothing more than mob rule, definitely not a place I would want to live.

Heh, I think yell0's posted video in the other thread deserves a repost Cool

Hardgear wrote:
Not entirely, my problem is with the fact that obscenity laws exist in the first place. The sentence he got from the plea bargain was actually GOOD considering what he could have gotten according to the law. The problem is the law itself, it's very existence is dangerous.

Unfortunately while most of us here might agree, most of public and politicians may not or are at best indifferent to it.


@pink-marshmallow
Well that society that you want a line drawn in to guard against this kind of "immoral material" is certainly not my society, not what the US should be, nor what it was intended to be.

And no, you're not a troll, as I'm sure you truly believe what you say. So of course you won't end up in a position exactly like that of Handley. However, perhaps the karmic outcome for being "glad that this has happened (to Handley)" to serve as a "lesson" for everyone else, would be encountering someone else with differing or opposing moral principles, or experiencing a situation you think is unjustified forced on you by someone else who thinks they are, through differing ideologies.
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nobahn
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Joined: 14 Dec 2006
Posts: 5120
PostPosted: Sat Mar 06, 2010 12:40 pm Reply with quote
pink-marshmallow wrote:
im nt even a person to post messages on here, but this caught my eye.
basically, i don't think there is an issue at all with this case. im glad this has happened. its a lesson to you people who are in possession of this kind of immoral material. even if its real life or drawn, you still look at it, and your brain still processes it for what it is.

its not an excuse to say 'oh its not real so its fine'. there has to be a line drawn with anything in society, even the drawn things. sometimes things can go too far.... that includes manga as well. some people love manga too much and boast about 'being otaku' that they will make excuses and defend it, even when what they are looking at is just plain sickening.

i think the problem with the people that defend these grossly offensive materials is that they are so desensitised to this kinda of stuff, and are in contact with people who are also desensitised to it, so they all convince each other what they are doing is fine. it should never be fine, no matter what form it is in kmt.

its a shame Chris got caught slippin but if this didn't happen people would continue to live in bubbles where they feel like they can do anything they want, because what they are reading/watching/doing isn't 'real'.
lool snm.
~~

What you are trying to do -- wittingly or otherwise -- is to rationalize the concept of thought crime.

I'm going to go out on a limb here and postulate that you have never read 1984 by George Orwell.
Quote:
Novel by George Orwell, published in 1949 as a warning about the menaces of totalitarianism. The novel is set in an imaginary future world that is dominated by three perpetually warring totalitarian police states. The book's hero, Winston Smith, is a minor party functionary in one of these states. His longing for truth and decency leads him to secretly rebel against the government. Smith has a love affair with a like-minded woman, but they are both arrested by the Thought Police. The ensuing imprisonment, torture, and reeducation of Smith are intended not merely to break him physically or make him submit but to root out his independent mental existence and his spiritual dignity. Orwell's warning of the dangers of totalitarianism made a deep impression on his contemporaries and upon subsequent readers, and the book's title and many of its coinages, such as NEWSPEAK, became bywords for modern political abuses.
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rinmackie



Joined: 05 Aug 2006
Posts: 1040
Location: in a van! down by the river!
PostPosted: Sat Mar 06, 2010 12:56 pm Reply with quote
My apologies to the mod but Pink was being a troll. He/she even admitted to dropping by just to give an "opinion." Saying someone deserves to be in jail and that people like us who defend Handley deserve the same is not being respectful, either. I know I should have just ignored it but people like that really tick me off.
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Avacado Burger



Joined: 25 Apr 2006
Posts: 85
PostPosted: Sun Mar 07, 2010 2:36 pm Reply with quote
Hardgear wrote:
The problem is the law itself, it's very existence is dangerous.


Agreed. This obscenity law and the Miller test are absolutely frightening with the crippled state Free Speech has been in lately.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Sun Mar 07, 2010 4:16 pm Reply with quote
Possession is 9/10ths the law. Receiving it is the missing 1/10th. Mr. Chase has confirmed what I always knew, which is that it's not what a defendant thinks is right, or wrong, it's the jury he has to convince, and no matter how well a person is instructed to keep an open mind about the evidence put forward, that person's personal beliefs will always taint their decision at verdict time. Very rarely do you actually get judged by your "peers", but approximately. Wink
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Wrathful



Joined: 08 Mar 2010
Posts: 372
PostPosted: Mon Mar 08, 2010 4:15 am Reply with quote
Guess I'd better be off not buying Berserk manga then. I think Australian law is just as twisted as American's. I remember of a case that was similar to this a few years ago.
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CCSYueh



Joined: 03 Jul 2004
Posts: 2707
Location: San Diego, CA
PostPosted: Mon Mar 08, 2010 3:06 pm Reply with quote
littlegreenwolf wrote:

Really though, even if he looks young Kantarou is at least 16 last I checked, so you should be ok.


Having just marathoned the 8 English versions from TP, Kantarou IS older than he looks. He's Hasumi's Sempai, isn't he? How many years did Hasumi spend in England since graduating, so Kantarou is in his 20's, maybe 30's. There are a couple refs to his being older than he looks, langushing in college, taking longer to graduate than necessary.
Now Muu & Sugino would technically be bestiality on the idea Sugino appears human, but there's also a line (added by TP or not) that it's a platonic relationship even though Sugino refers to Muu as his wife (& the little thing is always running away I'm sure because of how smothering Sugino is) Even Yoko is a Fox, so her appearance & her age are 2 different things.

Quote:
im nt even a person to post messages on here, but this caught my eye.
basically, i don't think there is an issue at all with this case. im glad this has happened. its a lesson to you people who are in possession of this kind of immoral material. even if its real life or drawn, you still look at it, and your brain still processes it for what it is.


Oh wow.
I remember this mental state.
I've said more than once then I was 30, I looked back at when I was 20 & was soooo embarrassed for the really stupid attitude I had that I was so right & everyone was so wrong. I loved my parents, but come on, they were products of their by-gone era. I was a good little moral church-going girl-saved it for marriage to a guy who could care less that I had.

I was so glad I had no contact with most of the people I knew back then. We're talking crawl-in-a-hole sort of shame I felt. I worried I might have even hurt someone's feelings deeply over being so righteously indignant over stuff. I still believe passionately in what I believe in & will defend my views vehemently, but I no longer feel people with a different believe are inferior, "feel sorry for them" or whatever we're taught in our religious places to feel for the "unenlightened"(the whole "civilized vs savages" mentality). They'll learn or not. Hopefully they won't hurt too many people on the way to their enlightenment, but I've met people who have been emotionally scarred by that "You're going to hell, sinner" attitude.

Quote:
its not an excuse to say 'oh its not real so its fine'. there has to be a line drawn with anything in society, even the drawn things. sometimes things can go too far.... that includes manga as well. some people love manga too much and boast about 'being otaku' that they will make excuses and defend it, even when what they are looking at is just plain sickening.

i think the problem with the people that defend these grossly offensive materials is that they are so desensitised to this kinda of stuff, and are in contact with people who are also desensitised to it, so they all convince each other what they are doing is fine. it should never be fine, no matter what form it is in kmt.


This is your opinion. I don't believe I'm past the point of caring considering I can't watch a Saw movie. My daughter can. She's no monster by any means.
The issue you need to pick up on is compassion. People who can harm others have lost a certain amount of their compassion. Maybe they hate seeing a puppy hurt, but possess the ability to feel nothing as they force their will on another for their personal gain. It has nothing to do with images.
I've always heard one of the signs of Ranarok was people losing the love of others--no longer caring about their fellow man, yet the Vikings were a violent enough lot, weren't they? I caught something the other day on the History Channel that it wasn't homosexuality that brought about the destruction of Soddom & Gomorrah, but the fact the people lacked compassion for their poor & visitors. (a common idea among Biblical scholars apparently, but my preachers never told me about it)

Quote:
its a shame Chris got caught slippin but if this didn't happen people would continue to live in bubbles where they feel like they can do anything they want, because what they are reading/watching/doing isn't 'real'.
lool snm.


The shame is people are lazy. They want an eazy fix--a red letter across the face of a criminal so they don't have to work at protecting what should be important to them. No, no one should ever harm another person in this world, but that's not going to happen so one has to do what one can not to have it taken from one. Teach one's children about bad people instead of relying on websites posting locations of known sex offenders or the law protecting your loved ones.
Long before manga existed monsters were harming innocents. If 999,999 can look at an image & be ok with it, why should it be banned just because of that 1,000,000th person? Handley was harming no one. What good does making him a criminal do? The court shrink apparently said there was precious little chance of his ever harming someone, so why care what he does to relieve himself in his spare time? Don't we all have too little time on our hands that we have to dig thru our neighbor's trash or peek in their window to see if they're into kinky sex games?
Worry about yourself.
If you think a family member has a problem, encourage them to get help. We just had a 17 yr old allegedly killed by a registered sex offender. He always registered as required--he was just registered in the next county over where he claimed to live, but he came down here to hunt. The law didn't protect the victim because of a bunch of extenuating circumstances (alleged killer paroled the year prior to requirement to wear GPS was enacted for one).
But the fact is, most of us do not want to live in the sort of society where we have to look over our shoulders every second of the day. We don't want strangers poking their nose in our business. We can't just lock the violators up forever or put them to death because it's cruel, violating one of our founding ideals.

Handley was minding his own business, doing something behind his locked door that shouldn't bother anyone considering no one else was involved until the state got itself involved.
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tyciol



Joined: 31 Jul 2006
Posts: 134
Location: Canada
PostPosted: Sun May 02, 2010 10:11 pm Reply with quote
Woah, I just saw this on NG`s twitter: http://twitter.com/neilhimself/status/9934521464

I gotta admit, I think I was under the impression that Chase was behind Handley pleading guilty so was kinda hatin`on the guy, after reading this I totally like him again though =) In fact, even more than before since it was just a name, yet clearly he`s writing some smart shit.
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GATSU



Joined: 03 Jan 2002
Posts: 15307
PostPosted: Mon May 17, 2010 7:07 pm Reply with quote
Man, I can't wait 'til they use this decision which undermines "double jeopardy" to define someone like Handley as a "dangerous sex offender". Rolling Eyes
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Haterater



Joined: 30 Apr 2006
Posts: 1727
PostPosted: Tue May 18, 2010 9:20 am Reply with quote
I would hate to see that happen to people over just having drawings. This also harms kids in the usual "sexting" situation as well. This is a really bad decision and I hope they change it in the future, because I can see this being abused to ones who are truly not a threat.
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