When Cartoons Become Criminal

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Brock N. Meeks" <bmeeks () cox net>
Date: December 20, 2008 1:16:09 AM EST
To: <dave () farber net>
Subject: When Cartoons Become Criminal

Here's where there free speech fight gets downright gritty.  The court
decision mentioned below traces directly back to PROTECT ACT of 2003,  
which
in part states that "it is not a required element of any offense under  
this
section that the minor depicted actually exists."

http://www.msnbc.msn.com/id/28319199/

Child-porn cartoon conviction upheld
Federal appeals panel rules porn is porn even if it's drawn

RICHMOND, Va. (AP) - Child pornography is illegal even if the pictures  
are
drawn, a federal appeals panel said in affirming the nation's first
conviction under a 2003 federal law against such cartoons.

Dwight Whorley of Richmond is serving 20 years in prison, convicted in  
2005
of using a public computer for job-seekers at the Virginia Employment
Commission to receive 20 Japanese cartoons, called anime, illustrating  
young
girls being forced to have sex with men. Whorley also received digital
photographs of actual children engaging in sexual conduct and sent and
received e-mails graphically describing parents sexually molesting their
children.

A three-judge panel of the 4th U.S. Circuit Court of Appeals on Thursday
upheld his conviction.

Among the arguments in his appeal was that cartoons are protected  
under the
First Amendment because they do not depict real children. He also  
claimed
the statute is unconstitutional because text-only e-mails cannot be  
obscene.

Two judges rejected those arguments. A third agreed with Whorley on  
those
issues but joined the majority in affirming his convictions on the  
counts
pertaining to photographs.

[snip]






-------------------------------------------
Archives: https://www.listbox.com/member/archive/247/=now
RSS Feed: https://www.listbox.com/member/archive/rss/247/
Powered by Listbox: http://www.listbox.com