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Uncensored Justice System Discussion
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SaberGal
Joined: 12 Dec 2007
Posts: 349
Location: Oregon
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 Posted: Wed Jun 11, 2008 6:45 pm Post subject: Florida, Florida, Florida |
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http://www.alleyinsider.com/2008/6/do_people_in_florida_think_your_website_is_obscene_
From the link
| Quote: | Pornographer Paul F. Little, who works under the moniker "Max Hardcore," lives and works in California. But that didn't stop the Feds from hauling Little 2,500 miles across the country to Tampa, Florida, where they convinced a jury to convict him on 20 counts of obscenity this week. Why Tampa? Because, prosecutors successfully argued, Little's Websites used some servers there.
Jury-shopping -- trying to try your case in a town where the locals are likely to be in your favor -- is a time-honored tradition in the U.S. legal system. But the Web opens up a whole new world of possiblities for aggressive prosectors. In this case, says the St. Petersburg Times: "Defense attorneys said Little never knew his site was housed in Tampa, and that prosecutors never produced any evidence that he did." Presumably he'll bring that up before a Federal judge, who has the ability to sentence him to a 100 years in prison -- 5 years for each count.
How did we get here? Start back in the 70s, when the U.S. Supreme Court had to grapple with how to define "obscenity." (Legal geeks: We're talking Miller v. California.) The Court's Solomonic "cut the baby in half" response was to say local "community standards" dictate what's over the line. At the time that made sense: In the 70s porn was mainly distributed through local stores, and the decision allowed conservative rural farm towns to set a different standard than Greenwich Village.
But whose community standards apply to content on the Internet? Prosecutors can -- and do -- argue since Internet material is available everywhere, an obscenity trial can be brought anywhere. Employing physical webservers based in a socially conservative jurisdiction makes any defense all the harder.
Little's lawyers have already vowed appeal, but until and unless the courts re-visit the old "community standards" provisions, hosting blue content on webservers located in a less-than-liberal town has just become a very dicey proposition.
So, where are your servers? |
OK....so, I am not wild about the pornography industry but talk about abuse of power. This guy is facing 100 years in prison because of where some of his servers were located??
_________________
"Evil triumphs when good men do nothing."
- E. Burke
__________________________________________
That's OK. I wasn't using my civil liberties anyway. (Insert rolly eye emoticon here) |
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JUSTICE1st
Joined: 13 Dec 2007
Posts: 715
Location: USA
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| Posted: Wed Jun 11, 2008 8:30 pm Post subject: Re: Florida, Florida, Florida |
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| SaberGal wrote: | http://www.alleyinsider.com/2008/6/do_people_in_florida_think_your_website_is_obscene_
From the link
| Quote: | Pornographer Paul F. Little, who works under the moniker "Max Hardcore," lives and works in California. But that didn't stop the Feds from hauling Little 2,500 miles across the country to Tampa, Florida, where they convinced a jury to convict him on 20 counts of obscenity this week. Why Tampa? Because, prosecutors successfully argued, Little's Websites used some servers there.
Jury-shopping -- trying to try your case in a town where the locals are likely to be in your favor -- is a time-honored tradition in the U.S. legal system. But the Web opens up a whole new world of possiblities for aggressive prosectors. In this case, says the St. Petersburg Times: "Defense attorneys said Little never knew his site was housed in Tampa, and that prosecutors never produced any evidence that he did." Presumably he'll bring that up before a Federal judge, who has the ability to sentence him to a 100 years in prison -- 5 years for each count.
How did we get here? Start back in the 70s, when the U.S. Supreme Court had to grapple with how to define "obscenity." (Legal geeks: We're talking Miller v. California.) The Court's Solomonic "cut the baby in half" response was to say local "community standards" dictate what's over the line. At the time that made sense: In the 70s porn was mainly distributed through local stores, and the decision allowed conservative rural farm towns to set a different standard than Greenwich Village.
But whose community standards apply to content on the Internet? Prosecutors can -- and do -- argue since Internet material is available everywhere, an obscenity trial can be brought anywhere. Employing physical webservers based in a socially conservative jurisdiction makes any defense all the harder.
Little's lawyers have already vowed appeal, but until and unless the courts re-visit the old "community standards" provisions, hosting blue content on webservers located in a less-than-liberal town has just become a very dicey proposition.
So, where are your servers? |
OK....so, I am not wild about the pornography industry but talk about abuse of power. This guy is facing 100 years in prison because of where some of his servers were located?? |
Tell me about it! According to this story, any prosecutor who hasn't had a decent case lately or is anxious to create a "name" for himself or herself can decide what is "pornography" and what isn't. And one person's definition of the term could be vastly different from another person's.
I find it a very scary prospect that someone could be facing a life sentence in prison simply because one prosecutor has the "it's pornography if I SAY it is" mentality. It's the witch hunt mentality, with a new sex twist. 
J 
_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954 |
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SaberGal
Joined: 12 Dec 2007
Posts: 349
Location: Oregon
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| Posted: Thu Jun 12, 2008 6:13 am Post subject: |
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The fact that the feds could take him from his home in California and try in him Florida simply because he had some servers located there just blows my mind. Since they knew they'd never get a conviction in California, they hauled him to Florida!
_________________
"Evil triumphs when good men do nothing."
- E. Burke
__________________________________________
That's OK. I wasn't using my civil liberties anyway. (Insert rolly eye emoticon here) |
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JUSTICE1st
Joined: 13 Dec 2007
Posts: 715
Location: USA
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| Posted: Thu Jun 12, 2008 3:41 pm Post subject: |
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| SaberGal wrote: | | The fact that the feds could take him from his home in California and try in him Florida simply because he had some servers located there just blows my mind. Since they knew they'd never get a conviction in California, they hauled him to Florida! |
Saber, doesn't that sound like KIDNAPPING to you, or is it just me? And isn't kidnapping a high felony offense, or does that only apply to private individuals but not the state or federal government?
Oh brother, I just realized that's a stupid question on my part. I just remembered how the state of TX took over 400 children away from their parents with NO probable cause. Obviously the state CAN kidnap anyone, and then deny they're doing any such thing. 
J
_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954 |
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