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RE: What's Really At Risk At A Federal Obscenity Trial? About Four Years In Prison

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RE: What's Really At Risk At A Federal Obscenity Trial? About Four Years In Prison
by Vile at 2:47 am EDT, Oct 7, 2008

It's amazing what happens in Florida. Tom, here's a few examples of recent obscenity convictions that predate Max Hardcore's sentencing:

In 2005, Karen Fletcher, operator of a website called Red Rose Stories found no choice other than to plead guilty to six counts of online distribution of obscenity, which carries a minimum term of 3 years in the slammer. Interestingly enough, her website was TEXT-BASED! Red Rose featured creative fiction of an erotic nature submitted by the sites users!

That same month in 05, the webmaster of nowthatsfuckedup.com was arrested on obscenity charges. Though I have not thoroughly researched this incident, some have claimed that the charges were filed after the site gained national attention for allowing soldiers to upload photos of war dead. I am unaware of the outcome or current standing of that case, but the domain name no longer exists.

Perhaps the most unsettling obscenity ruling in the nation's history also came out of Florida, but unlike the Max Hardcore case, this involved a comic book wherein no actual humans could be said to have been exploited at all! The troubling case of Mike Diana received surprisingly little fanfare, considering its precedent-setting decision. You see, Diana is the first U.S. artist to receive an obscenity conviction.

Diana's underground comic book, called Boiled Angel, came to the attention of Florida Assistant State Attorney Stuart Baggish in 1991, two years after issues of the book were seized by authorities investigating the case of the Gainesville Ripper.

Boiled Angel depicted graphic sex acts, violence and general depravity, but was certainly not without an inarguable redeeming social value. In fact, I found the overall effect of Boiled Angel quite powerful in its semi-satirical approach to pressing issues of child abuse in suburbia, religious hypocrisy, and the seemingly inherent flaws in our justice system.

Well, that same justice system Diana lampooned sent an undercover officer disguised as an artist to buy issues of Boiled Angel from Diana, after which Baggish charged the artist with three counts of obscenity.

Found guilty on all three counts, thus assuring himself and his zine with a sad place in U.S. and art history, Diana faced an unusual sentence that should send shock-waves through the mind of any freedom-loving American. Though he spent four days in jail (one might say, in light of the Hardcore case, that Diana got off easy), he found himself slapped with a $3,000 fine, three years probation, and random searches of his apartment to make sure that he would not violate a particularly unusual mandate of his sentence. The court ordered that Mike Diana legally be barred from drawing in the state of Florida. That is truly terrifying.

Look it up. It's all true. This artist should serve as a battle cry to all who cherish any of the freedoms guaranteed by the Bill of Rights.

There are more cases, but I thought that these particular ones may illuminate you, Tom. Frankly, it makes me a bit queasy to defend a scumbag like Paul Little, but I have managed to live out my days without having Max Hardcore videos shoved down my throat as, obviously, had the jurors in this case (until this case, at any rate). That is the sham of it all, really. Little's work depicts actions bordering on violent rape fantasy, usually involving actresses made up to look far younger than their years. He certainly offers a sociopathic breed of entertainment to the ids of individuals with questionable personal morality and definite aberrant sexual predilections. However, the first amendment is a dead amendment, guaranteeing Hardcore the right to spew this toxic jizz into the eyes of any who dare look at the proceedings just as it guarantees the rights of Christians to read from the scriptures on any given Sunday. If only they saw how much their savior had in common with the Mike Dianas and Max Hardcores of the world. They were all victims of government censorship, in one form or another.

RE: What's Really At Risk At A Federal Obscenity Trial? About Four Years In Prison


 
 
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