FC: Is the "Date Rape" web site illegal?

[Declan McCullagh <declan () well com>]

A few links... A Canadian mirror of the embattled "date rape" web site:
  http://sigma.hurontario.net/~daterape/

An article in which EFF attorney Deborah Pierce says the site may be 
illegal -- "it didn't seem to me like it was meant to be funny" -- since 
there was no this-is-a-joke disclaimer:
  http://www.wired.com/news/politics/0,1283,34955,00.html

Pierce cites a 1999 Nuremberg Files abortion-threat 9th Circuit case as 
something that backs up her claim:
  http://www.politechbot.com/cgi-bin/politech.cgi?name=Nuremberg

But to the best of my knowledge, there was only a district court decision 
that the defendant did not appeal -- it was not a 9th circuit case, and 
sets no precedent. And in any case, the Nuremberg files issue is logically 
and analytically distinct from the date rape site. First, there was a 
specific federal statute, the 1994 Clinic Entrances Act, that was used 
during the ligitation. Second, the Nuremberg files site listed  names of 
doctors who perform abortions, their addresses, license plate numbers, and 
children's names -- the date rape site lists no names or personal info. 
Third, even if the same logic does apply, it won't be the first time that a 
court erred in favor of unduly restricting free speech:
  http://www.xs4all.nl/~kspaink/nuremberg/index.html
  http://www.politechbot.com/cgi-bin/politech.cgi?name=daterape

This spat reminds me a lot of this dispute that arose at Cornell five years 
ago, adjudicated by one preternaturally PC university administrator, 
Marjorie Hodges:
  http://joc.mit.edu/cornell.html

What really makes me wonder, though, is why it's apparently just 
self-proclaimed feminist activists who are upset about a site (even if it 
is a parody) that advocates "date rape?" Can't men be raped too, or robbed, 
or otherwise taken advantage of if they're drugged? *sigh*

-Declan

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