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A Manga Fan Is Arrested In His Home For Owning Manga
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M / In Memphis, with...
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Posted 11/17/08
Even if it was imported material, which I believe goes beyond the point of piracy or anything specifically wrong against any kind of art, it is still not right to simply check it out and even open the package simply because it is 'suspected' to be something against the law.

The problem here is the violation of the privacy and private belongings of a person simply because of an assumption. Then justice always covers up their mistake by bringing up logically stupid, yet morally approved arguments to make things worse.

This man who is clearly over the age, has been accused of possessing material that can be harmful for children, and tentative for morally wrong acts. But why can it be? He wasn't distributing such material. It was his own, not a stole material and lastly it showed fictional characters in fictional situations, most likely.
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20 / F / The Netherlands
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Posted 12/25/08

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




Damn what stupid! ( I would die, because I <3 manga) And Japanese people are awesome 2 me, no reason for racism in my life











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F / Youtube!
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Posted 2/11/09
I don't understand it.
Why were they going through his mail in the first place? It wouldn't have seemed suspicious in the wrapping, it was just a pile of books.
The law was made to protect people. Who's it protecting when nobody was actually harmed in the making of those books? Fictional characters who's ages and details can be changed by the writer merely deciding on it?
I admit it does look a bit dodgy, but the prosecution can make all the excuses they want about "harmless behaviour A leading to harmful behaviour Z" because do they lock up everyone with a violent temper for murder? No. This is a hypocrisy.
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21 / F / Tacloban City
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Posted 2/12/09
wow.
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lulz
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Posted 3/2/09
That is definitely not right. Even if someone got a warrant to search through his mail, they would have to notify him first. He didn't even know, so that is definitely contradictory. Your rights say that someone must have a warrant AND TELL YOU that they're searching through your stuff.
Another right is that you can't be punished excessively neither can your punishment be exaggerated. There's barely anything wrong with owning a manga, which is considered art even if it has obscenity. Although they're "minors" in the manga they're freaking FICTIONAL characters, they're definitely taking this way out of hand. (even though this was a while ago)
Posted 3/2/09
Waste of time and money. They should focus more on the people that actually hurt children, not fictitious works of art or entertainment that do not really hurt anyone.
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26 / M / Wisconsin
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Posted 3/3/09

Kanone wrote:

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


very very true, though this whole story is kinda crazy...
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M
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Posted 3/3/09

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



holy shit! this isn't even about it being cp or not! it's about butthurt communities with telephone poles shoved up their asses trying to jail people for having things they don't like. This could go even further than manga fans. this means some red neck community could suddenly decide that a liberal magazine is "obscene", "has no serious artistic value", and "would harm children by feeding them liberal nonsense" and jail everyone in their community who owns anything that is even slightly liberal... the possibilities with it and what could be the next "obscene" thing are endless.
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22 / M / inside your heart !!
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Posted 5/2/09
what the wrong of collecting manga ! what a damn law !!!
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114 / M / Earth
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Posted 5/3/09
They say something about child pornography.. well it was just drawings, just possesing those kind of shizz can lead to jail (at least in US). i dont get it why does he deserve to go to jail for such pathetic "Crime" its not like he is stealing or killing some1. they use the pretex that even if it is drawings, still it can lead pplz to committ child abuse. WHAT ABOUT ALL THE news showing dead pplz, pplz killing each others, all the movies and stuffs, will i become an killer because im watching it? NOOOOO. well not me. Law? define me what is right and wrong first. every country have different laws to begin with.
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F
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Posted 5/4/09
Loli. Shota. Yaoi. All should be legal and it's offensive that anyone would want to curb freedom of speech so.
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20 / F / United States
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Posted 5/6/09
This guy got arrested for reading shotacon???
I'm only guessing it's shotacon because this comes from "yaoi911" lol






lmao that's HILARIOUS.
t16
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25 / F
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Posted 5/14/09
That is ridiculous. They should be investigating real pedophiles and child molesters. The US should also take care of REAL problems in their country like the increasing rates of teen pregnancies, or how about gun violence. Most Hollywood movies have sex scenes or a naked celebrity, so what the hell is the difference if this man is looking at a naked cartoon character?
It’s a fictional character my God, these people need to get over it and leave this poor man alone.
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28 / some where heaven...
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Posted 5/16/09
i will stop buy manga....................
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20 / F / demon world/spiri...
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Posted 6/11/09
lol..that's funny
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