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>Not that it matters, the possession of either are clearly protected by the first amendment of the US Constitution, as no individual was harmed during the produ
by rustcleaner 2y ago
>Not that it matters, the possession of either are clearly protected by the first amendment of the US Constitution, as no individual was harmed during the production of such material.
Wrong. Men are sitting decades for pen and paper art.
I read more details, Smelko was caught up in someone else's search warrant. Arguably Smelko did nothing directly other than being at the wrong place/time to set off the chain of events which lead to his 15 year sentence.
This is why I eagerly await jury duty notices, had I been on Smelko's trial I would have no-reason acquitted (known as jury nullification).
- soulofmischief 2y agoNot wrong. Reread the post. I said "clearly protected by the first amendment". That doesn't mean that our government hasn't enacted laws which go against the constitution. They do this all the time, it just goes unchallenged in the higher courts. And even the higher courts can be compromised. I'm speaking on legal consistency. I know people are sitting in jail for drawings, why do you think I'm making this case in the first place?
- fiso64 2y ago>I know people are sitting in jail for drawings People are taking this for granted but I have yet to see an actual case. Every time this topic appeared on HN it also turned out that the offender had real CSAM on his devices as well.
- soulofmischief 2y agoI don't personally know of any specific cases but I think it's sufficient to recognize that some countries, such as Canada, outright criminalize lolicon and other drawn material, and that the chilling effect alone is enough to push back. I've personally brushed against the effects of these laws while operating and moderating international discussion forums and boards, because it's easiest just to outright ban the stuff than deal with a myriad of laws across each country. And that doesn't even get into individual state laws.
- rustcleaner 2y agoNotable cases: John R. Farrar 2015 (the specific case alluded to) Dwight Whorley 2005 Christopher Handley 2008 Steven Kutzner 2010 Christian Bee 2012 David R. Buie 2017 Elmer E. Eychaner, III 2018 Thomas Alan Arthur 2022 https://en.wikipedia.org/wiki/Legal_status_of_fictional_pornography_depicting_minors https://en.wikipedia.org/wiki/Legal_status_of_fictional_porn...