Facing sentence of 20 years by owning manga

Aazealh

Administrator
Staff member
Handley, 38, faces penalties under the PROTECT Act (18 U.S.C. Section 1466A) for allegedly possessing manga that the government claims to be obscene. The government alleges that the material includes drawings that they claim appear to be depictions of minors engaging in sexual conduct.

There you go.

The real issue is whether the concerned obscenity laws are constitutional or not.
 
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smoke

Guest
These perverted drawings are exploiting the innocence of these fictional characters.

How can these nonexistent people ever recover from the trauma of being drawn nekkid?
 

Scorpio

Courtesy of Grail's doodling.
smoke said:
These perverted drawings are exploiting the innocence of these fictional characters.

How can these nonexistent people ever recover from the trauma of being drawn nekkid?

That said, have you seen some of these mangas? The government really might have a point... But whatever, it doesn't really concern me.
 

BiQ_

" ... "
This certainly puts volume four into somewhat interesting position. Volume six too, if appearance of drawn tits of twelve(?)-something girl is no-no. And if we want to start splitting hairs, do we really know both of the hot warrior lovers :guts: :casca: are 18+ at the end of vol nine? (yeah, Berserk timeline gives Guts' age as 19 there, what about Casca... OMG DID GUTS HIT A JAILBAIT?!?! :troll: )

Yeah yeah, I know it's quite possible that the "questionable" manga was some sicker toddler-loli-hentai, but it is still drawn images. (Unless of course it was known that there had been live models while drawing it, which I honestly dare suspect to not be the case.)
 
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Xem

Guest
BiQ-- said:
This certainly puts volume four into somewhat interesting position. Volume six too, if appearance of drawn tits of twelve(?)-something girl is no-no. And if we want to start splitting hairs, do we really know both of the hot warrior lovers :guts: :casca: are 18+ at the end of vol nine? (yeah, Berserk timeline gives Guts' age as 19 there, what about Casca... OMG DID GUTS HIT A JAILBAIT?!?! :troll: )

Yeah yeah, I know it's quite possible that the "questionable" manga was some sicker toddler-loli-hentai, but it is still drawn images. (Unless of course it was known that there had been live models while drawing it, which I honestly dare suspect to not be the case.)

The laws of what is obscene and what aren't have a lot to do with how the images are depicted. If they serve a valid political view, for example, then it's technically not obscene and therefore usually isn't deemed illegal.
 

Aazealh

Administrator
Staff member
The problem with what you say BiQ-- is the definition of obscenity. The reason Berserk has no problems is because the scenes you mention are clearly not obscene by the current standards the government uses, and possess a "serious literary value" in the context of the story. It's a slippery slope, I won't deny it, but I imagine those incriminated manga are precisely of the toddler-tentacle-porn genre.

EDIT: Arg, beaten by Deci!
 
Just did case briefs on this stuff...interesting timing.

Listen the mp3 along the transcript guys.

http://www.oyez.org/cases/2000-2009/2001/2001_00_795/argument/
 

Aazealh

Administrator
Staff member
Proj2501 said:
Just did case briefs on this stuff...interesting timing.

Listen the mp3 along the transcript guys.

http://www.oyez.org/cases/2000-2009/2001/2001_00_795/argument/

I only listened to the first 20 mn, but man that poor Mr Clement was having a hard time proving his case there. :void:
 

Lithrael

Remember, always hold your apple tight
I'm against the drawn-crime variants on thought-crime because it is a clear and ridiculous slippery slope situation. Sure this stuff was actual ultra loli hentacle shit, but there's a guy in Australia in a shitton of trouble for having Simpsons pron, for fuck's sake. And no not for copyright infringement.

http://www.nzherald.co.nz/technology/news/article.cfm?c_id=5&objectid=10547203

IMO the only place for drawn/written-crime in law enforcement should be contribution towards reasonable grounds for suspicion in getting warrants to look for other stuff, for getting restraining orders if it's about someone real, that kind of thing. The idea of punishing anyone for private obscenity is repellent to me.
 
^
fully agree. Also considering it was drawn by an "artist"(s) who took their time to draw whatever it is that the guy was in possession of, it should already qualify to have "artistic value". It's not like it's doodles. Not to mention the whole fact that if he did indeed purchase manga that was written and drawn by an artist that work would have to have artistic value.. or did he get it for free?

Anyway.. how did the guy even get caught?
 

Aazealh

Administrator
Staff member
Ramen4ever said:
Also considering it was drawn by an "artist"(s) who took their time to draw whatever it is that the guy was in possession of, it should already qualify to have "artistic value". It's not like it's doodles. Not to mention the whole fact that if he did indeed purchase manga that was written and drawn by an artist that work would have to have artistic value.. or did he get it for free?

You obviously don't understand the context in which this expression is used.

Ramen4ever said:
Anyway.. how did the guy even get caught?

You'd know if you had read the article linked in the first post.
 
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avidwriter

Guest
What has this country become? Where you can't even draw or own a drawing of something illegal. Are they going to arrest me if I draw a pot plant? What if I paint a murder scene? This is BS. It's a freaking drawing, goddamn :mozgus:.

What I find really odd is that there are hollywood movies where girls are topless at the ages of 16 or even younger and those are legal why? Fucking hypocrites.
 

Vampire_Hunter_Bob

Cats are great
avidwriter said:
What has this country become? Where you can't even draw or own a drawing of something illegal. Are they going to arrest me if I draw a pot plant? What if I paint a murder scene? This is BS. It's a freaking drawing, goddamn :mozgus:.

Think about this: Australia banned Fallout 3 for having drugs that were similar to morphine in it.
 

Scorpio

Courtesy of Grail's doodling.
avidwriter said:
Are they going to arrest me if I draw a pot plant? What if I paint a murder scene? This is BS. It's a freaking drawing, goddamn :mozgus:.

Oh yes, exactly the same thing as drawing little girls having sex for personal pleasure. Good point.
 
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Xem

Guest
There's nothing new about any of this.

Legal Definition of Obscene: http://www.lectlaw.com/def2/o002.htm

I think the thin line here is the term artistic value. Everyone has a different idea on what is art and what is just garbage, I think the basis for judging this is whether or not it somehow promotes an illegal act or not.

Most of the time prosecutors won't go near cases like this, but obviously this manga was so blatantly obscene that it made it's way to court. I have mixed feelings on the matter, but I can't really think of a good reason for such drawings to be made, at least not any "serious literary, artistic, political or scientific value".
 
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avidwriter

Guest
Scorpio said:
Oh yes, exactly the same thing as drawing little girls having sex for personal pleasure. Good point.

It's still just a drawing. Wrong? Maybe but not illegal. Why do we even have freedom of expression anymore?
 

Vampire_Hunter_Bob

Cats are great
avidwriter said:
It's still just a drawing. Wrong? Maybe but not illegal. Why do we even have freedom of expression anymore?

He was pointing out that drawing kiddy porn isn't the same thing as drawing a pot plant also I think the post above yours already explained everything else.
 
avidwriter said:
It's still just a drawing. Wrong? Maybe but not illegal. Why do we even have freedom of expression anymore?

You just have to be careful not to offend anyone, remember the guy that drew Mohamed caricature?
 

Walter

Administrator
Staff member
avidwriter said:
Why do we even have freedom of expression anymore?
Well it certainly wasn't so our country's forefathers could draw explicit sketches of British children tangling over their dirty American cocks.
 

Oltobaz

Cancer no Deathmask
Kiddy porn drawings=garbage.

Of course, in Japan, you can buy this stuff pretty much anywhere, and no one will give a damn. You may or may not be labeled as a pervert, and that's it.

Just burn these mangas if you must, and give this guy a break.

To answer Avidwriter, you won't be in trouble if you draw a pot plant, however, draw anything related to kid porn, have someone watch over you, and you might, even though you were just fooling around. Next step:
they put to jail just for talking about it!
 
Ashcroft v. Free Speech Coalition

http://supct.law.cornell.edu/supct/html/00-795.ZS.html

Generally, pornography can be banned only if it is obscene under Miller v. California, 413 U.S. 15, but pornography depicting actual children can be proscribed whether or not the images are obscene because of the State’s interest in protecting the children exploited by the production process, New York v. Ferber, 458 U.S. 747, 758, and in prosecuting those who promote such sexual exploitation, id., at 761. The Ninth Circuit held the CPPA invalid on its face, finding it to be substantially overbroad because it bans materials that are neither obscene under Miller nor produced by the exploitation of real children as in Ferber.

EDIT: Pointing out the most relevant part since it is a lot to read. =X
 
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