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A Manga Fan Is Arrested In His Home For Owning Manga
Posted 11/6/08 , edited 11/6/08

Daniel9878 wrote:

LOL!!!!!!!!!!!!!!!!

WHAT ABOUT STATUES OF LITTLE KIDS

AND IN MUSEUMS!!!!!!!! THOUSANDS OF NAKED LITTLE KIDDIES IN PAINTINGS

BILLIONS OF NAKED KIDDIES AS STATUES

what the phuck
that is so stupid
they're just racist

just because its japanese, it has to be preverted, stupid racists


lol yeah,
and what about porn? geez~













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Posted 11/6/08
We're going down a very slippery slope here if this man is convicted. Government has no right to mandate what kind of comics or books we subject ourselves to. Correlation does not imply causation!
Posted 11/6/08
Fucking Bush.
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Posted 11/6/08

Kanone wrote:


KariKun wrote:


Kanone wrote:

You don't need hentai to enjoy manga. -.-


sometimes it makes it more interesting to older viewers.


Does that include you? :U



Duh, course it does , why else would I know this or even mention it? XD
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Posted 11/6/08

dmitsuki wrote:

Fucking Bush.


Yeah, the president has nothing to do with this.
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Posted 11/6/08

SeraphAlford wrote:


dmitsuki wrote:

Fucking Bush.


Yeah, the president has nothing to do with this.


actually.. he has everything to do with this. he was the one who wrote the protect act in the first place. american government and general public are heavily against manga and anime (particuraly lolicon/shotacon (if they even know about it)).
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Posted 11/6/08

DeathDragon550 wrote:


SeraphAlford wrote:


dmitsuki wrote:

Fucking Bush.


Yeah, the president has nothing to do with this.


actually.. he has everything to do with this. he was the one who wrote the protect act in the first place. american government and general public are heavily against manga and anime (particuraly lolicon/shotacon (if they even know about it)).


The president doesn’t pass acts. He just suggests them-something that any citizen can do. Congress passed the act, they’re at fault.
Posted 11/6/08

SeraphAlford wrote:


dmitsuki wrote:

Fucking Bush.


Yeah, the president has nothing to do with this.


Yeah, except for the fact that if he was never in office this would of never happened.
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Posted 11/9/08

zen_music wrote:

I zen_music did not write this article, so as the saying goes, "don't shoot the messenger." Here's the direct link to the article if you'd prefer to read it there: yaoi911.com

By the way, don't quote me unless it's important.
======================================================================

From CBLDF’s October 09, 2008 press release:

Mr. Handley’s case began in May 2006 when he received an express mail package from Japan that contained seven Japanese comic books. That package was intercepted by the Postal Inspector, who applied for a search warrant after determining that the package contained cartoon images of objectionable content. Unaware that his materials were searched, Handley drove away from the post office and was followed by various law enforcement officers, who pulled him over and followed him to his home. Once there, agents from the Postal Inspector’s office, Immigration and Customs Enforcement Agency, Special Agents from the Iowa Division of Criminal Investigation, and officers from the Glenwood Police Department seized Handley’s collection of over 1,200 manga books or publications; and hundreds of DVDs, VHS tapes, laser disks; seven computers, and other documents. Though Handley’s collection was comprised of hundreds of comics covering a wide spectrum of manga, the government is prosecuting images appearing in a small handful.

To give some context for how extraordinary this is, CBLDF Executive Director Charles Brownstein said this:

Handley’s case is deeply troubling, because the government is prosecuting a private collector for possession of art. In the past, CBLDF has had to defend the First Amendment rights of retailers and artists, but never before have we experienced the Federal Government attempting to strip a citizen of his freedom because he owned comic books.

To Protect The Children

And what moved this postal inspector to set up this sting? Well, of course it has to do with alleged drawings of underage characters. Not photographs, mind you — or even drawings of actual minors — but drawn manga characters who only ever existed in the minds of the creators before ever seeing life on paper. Luckily, in this case, the judge dismissed the issue of alleged child pornography:

(Again from the press release)

Eric Chase and his team at the United Defense Group have been vigorously defending Handley, and scored a major First Amendment victory earlier this year when the judge found portions of the PROTECT Act unconstitutional in his ruling on a motion to dismiss. District Judge Gritzner of the Southern District of Iowa found that subsections 1466(a)(2) and (b)(2) of 18 U.S.C. 1466A unconstitutional. Those sections make it a crime to knowingly produce, distribute, receive, or possess with intent to distribute, “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,” that “is, or appears to be” a minor engaged in sexual conduct. Judge Gritzner found that those sections restrict protected speech and are constitutionally infirm.

Simon Jones provides his as-always excellent analysis why the defense team succeeded in this motion:

…the presiding judge has ruled that the portion of the PROTECT Act which deals specifically with the depiction of minors cannot be applied to this case. (The Supreme Court earlier this year addressed this issue. While this section survived, the justices were also clear that it can only be applied to fictional imagery when the image is clearly based on or derived from actual identifiable minors, i.e. a tracing or digital composite imagery.) [EDITOR NOTE: I discuss this ruling a bit and quote some of the text in this comment -- look at the bottom of the comment for my discussion.]

But this manga fan can still be prosecuted for purchasing and possessing obscene material — and faces up to twenty years in prison for this alleged crime!


(Again from the CBDLF press release: )

Handley now faces charges under the surviving sections of 1466A, which will require a jury to determine whether the drawings at issue are legally obscene. The material cannot be deemed obscene unless it meets all three of the criteria of the Miller test for obscenity: “(a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; [EDITOR NOTE: That means it's intended to sexually arouse -- offensive violence is, of course, in itself still considered protected speech. ] (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” The jury must answer all three questions in the affirmative in order to convict.

How much danger is this manga fan in? Simon gives us the real-world context:

However, Handley is still on the hook for obscenity related offenses, and this is where the waters become murky. The defense’s best chance is to convince the jury that the manga passes the last of the three-pronged Miller test. But this is an uphill battle, as the jury is asked to decide (in the third portion of the test) whether the work has “serious artistic value,” instead of whether the work was a “serious artistic endeavor.” The spirit of the law really asks for the latter - serious artistic endeavors still routinely produce bad art that nevertheless deserve protection, unfortunately that’s not how the standard is worded. And obscenity laws have a built-in catch 22: if a jury finds the material not obscene, they are in effect saying that the material is regularly consumed in their community… at least, that’s what the prosecution would lead the jury to believe. Now, how many people who own porn would admit that to, say, a prospective employer? Their friends and relatives? In a court of law? The fear and embarrassment factor is so great, juries often completely disregard expert testimony.

So, without a lot of smart defensive lawyering, things look pretty grim for this manga fan. Now, why is this guy’s case important for you and me? Because case law sets precedent. If this guy is successfully prosecuted, it emboldens prosecutors to go after other manga fans and makes it more likely that they will get convictions. As we all know, “protecting the children” has tremendous political appeal — and manga fans both in this country and in others are often seen as easy targets for the media and the government.

What this prosecution needs is a splash of cold water.

How To Keep Manga Fans Out Of Jail - What You Can Do



-=-=-=-=-

Sounds like a piracy case to me though. :P

Posted 11/9/08
This is why i go to fakku.net or doujin-moe.com for h-manga <.< lol xP
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Posted 11/9/08

Kanone wrote:

You don't need hentai to enjoy manga. -.-


It does not matter if you need it or not. It is your right to possess it. You don't need good tasting food to survive do you? Maybe you would be fine with making it illegal.
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Posted 11/10/08 , edited 11/10/08
Personally I think lolicon is creepy as hell. but it is only a drawing. better that than a real child i suppose. no actual children were harmed and if he went out of his way to order it from japan, it's not as if it's putting ideas in his head that weren't already there.
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Posted 11/16/08

Daniel9878 wrote:

LOL!!!!!!!!!!!!!!!!

WHAT ABOUT STATUES OF LITTLE KIDS

AND IN MUSEUMS!!!!!!!! THOUSANDS OF NAKED LITTLE KIDDIES IN PAINTINGS

BILLIONS OF NAKED KIDDIES AS STATUES

what the phuck
that is so stupid
they're just racist

just because its japanese, it has to be preverted, stupid racists


lol..
you are so true













lol..
you are so true
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Posted 11/17/08
wahoo! keep the streets clean of horny weaboos!
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Posted 11/17/08

Daniel9878 wrote:

LOL!!!!!!!!!!!!!!!!

WHAT ABOUT STATUES OF LITTLE KIDS

AND IN MUSEUMS!!!!!!!! THOUSANDS OF NAKED LITTLE KIDDIES IN PAINTINGS

BILLIONS OF NAKED KIDDIES AS STATUES

what the phuck
that is so stupid
they're just racist

just because its japanese, it has to be preverted, stupid racists




It has nothing to do with naked children. It has to do with children being depicted in a sexual way. Simply being naked (children or not) is a form of art. America is big on pedophilia and are trying to prevent any pornography that has to do with children. Even if it's drawn images, it still depicts children doing sexual things (lolicon) - it has nothing to do with race, or racism. It's not just manga in general that's being ruled. Understand it is the action, and the content of what those children are doing that made it questionable material.
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