Posts Tagged ‘legal’

Pot-ential?

Friday, June 12th, 2009

Drug Czar

Despite Obama drug czar Gil Kerlikowske’s admonition that marijuana will still be federally outlawed regardless of the reduction of “war on drugs” rhetoric, there appears to be an increase in legal measures both at a state and federal level to legalize pot within the next few years, or at least severely reduce penalties for distribution.

According to SFGate, California’s budget crisis and increased public support are tipping the scales regarding pot legalization. The efforts include a July ballot measure in Oakland to create a cannabis tax category and hearings in the fall on a bill for decriminalization. The bill would allow limited cultivation, sales, and personal possession, but pro-decriminalization groups like TaxCannabis2010.org, estimate billions of dollars in sales tax revenue gain if marijuana is legalized.

Of course, even if California manages to legalize marijuana, the federal government still outlaws it. Activists hope that successful state initiatives will motivate change in the federal government, and the underlying states’ rights issue might set a tone conducive to the constitutional ideology of allowing states to grant greater freedoms to its citizens despite federal efforts to impose.

This dynamic is evident in the same-sex marriage issue today — some states are legalizing same-sex marriage while bills are being proposed in Congress to amend the U.S. Constitution to outlaw it. The concept of infringing upon freedom was played out to great detriment when the federal government passed the prohibition amendment, The Noble Experiment manifest in the 18th Amendment, later repealing it with the 21st Amendment. Today, marijuana legalization opponents argue that states’ rights should trump the federal government in issues like gay marriage, abortion, and gun rights, while arguing that the federal government trumps state sovereignty with regard to personal use of marijuana.

While this interplay carries on, the sting of the federal prohibition against marijuana has already become less severe with Obama’s new pot dealer policy. Last March, Attorney General Eric Holder announced that the feds would no longer raid medical marijuana dispensaries, and that states would be able to set their own marijuana laws. Regardless of such sentiment, the feds are still convicting and imprisoning dispensary owners.

According to the Chicago Sun-Times, in June, a federal judge in Los Angeles handed over a year and a day prison sentence to a medical marijuana dispensary owner as an act of leniency, instead of the mandatory minimum five-year sentence for dealing in marijuana. This perpetuates the state-given rights versus federal prohibition issue, but it does establish some precedent and indication that, as Kerlikowske suggested, the tone of the drug war is being overtly and quickly lowered. What to watch for next is if California does legalize personal use, whether the federal government will conform to Holder’s assertion that states will be able to run their own show with regard to marijuana law.

Cease and Desist

Wednesday, June 10th, 2009

[Edit: Is THIS irony, stupidity, bravado, or just plain funny?]

[The above link will now get you a 404 error (it originally linked to the infringing site's plagiarism of this very article). Apparently, the owner or operator of the infringing site finally saw the C&D letter (delivered by automatic RSS theft and reprinting) and complied with it. I am still reviewing the site for State of Protest material, but it looks to have been removed. If you're reading this, owner/operator of The Atheist Mind, thank you for complying, and I strongly suggest you cease and desist with your continued infringement regarding all the other sites from which you are stealing content and reposting it as your own. I will personally be looking up every website that you are stealing from, and I will be contacting those owners to let them know about the infringement. For everyone else, if you see a site stealing content, please contact the true owner of that content to let them know.1]

If you are reading this post on a website or other content provider other than stateofprotest.com or an RSS reader with the RSS link being either http://feeds2.feedburner.com/StateOfProtest or http://www.stateofprotest.com/feed/, the site/provider you are reading from is guilty of copyright infringement, and I request that you boycott and report that site/provider and in the future acquire State of Protest work from the source or an authorized RSS feed. (Short excerpts with direct links to this site are generally acceptable, as are reprints of posts on the State of Protest myspace page).

If you are one of the sites infringing upon my rights, if you do not cease and desist from such infringement, I will send you a C&D letter, and I will follow up on it with legal action if necessary. In addition, I reserve the right to post the C&D letters that I send, as well as any other information about the sites that infringe upon my rights, such as Whois information, so that others can be aware of your presence.

Today, I was alerted to a site that has been stealing content since 2006 from sites like Pharyngula, Freethought Radio, State of Protest, and others. It’s called “The Atheist Mind,” located at http://theatheistmind.info . I found this out because I got an alert that the Twitter entity “@atheistmind” started following me, and I was amazed to see that the site was full of full articles from State of Protest without permission, proper credit, or linkage back to State of Protest of any kind (thus why I could not detect it before). I sent a Tweet to @atheistmind stating:

Giving you a chance to cease & desist from unauthorized use of State of Protest material before I send C&D letter to your site host. Respond

I thought that it would be polite and proper to give the owner a chance to quit the infringement before I took action. I waited, and @atheistmind posted yet another Tweet with a link to the Atheist Mind website, so I took that as a “fuck you,” and I proceeded to send the cease and desist letter.

Here is the letter I sent, in full, to the email address of the registrant and the hosting provider’s “abuse” email:

To Whom it May Concern:

It has come to my attention that website “The Atheist Mind” (at theatheistmind.info), apparently hosted by Dreamhost.com, has made repeated unauthorized use of my copyrighted work located on my blog “State of Protest” (at stateofprotest.com). Examples include “The Government Doesn’t Run Anything Well,” originally published at http://www.stateofprotest.com/government/the-government-doesnt-run-anything-well on June 10, 2009, and “Dear Murderer,” originally published at http://www.stateofprotest.com/morality/dear-murderer on May 31, 2009. The website “The Atheist Mind” at http://theatheistmind.info has reprinted in full these and other copyrighted materials without permission (example links: http://theatheistmind.info/2009/06/10/the-government-doesn%e2%80%99t-run-anything-well , http://theatheistmind.info/2009/05/31/dear-murderer ). I have reserved all rights to the content originating on my website, State of Protest, and I have not given The Atheist
Mind permission to reprint any content originating from State of Protest.

The Whois contact information for the registrant of The Atheist Mind website indicates that the registrant is Jay Cunningham at 144-90 41st Ave. Apt. #516, Flushing, NY 11355, with a phone number of 917-558-0929 and an email address of payments@huelab.com. Because the email address appears to be potentially unreliable, I have made the decision to contact both the registered party at the given email address as well as the hosting provider for the website, which Whois indicates is Dreamhost.com.

Infringement of Copyright is violative of Title 17, Chapter 5, of the United States Code. The owner of The Atheist Mind website (at theatheistmind.info) must immediately cease the use and distribution of all works derived from State of Protest (at stateofprotest.com), and destroy all copies of same, electronic or otherwise; and the owner must desist from this or any other infringement of my rights in the future.

If I have not received an affirmative response from the owner, operator, or host by June 15, 2009, indicating that the requirements have been fully complied with, I shall take further action against the owner/operator of The Atheist Mind and the hosting provider.

Very truly yours,

Please join me reporting theft of intellectual property, informing others of who is perpetrating the infringement, and boycotting the perpetrators. Also let it be known that I am utterly serious about pursuing legal action to protect my rights.

Thank you.

UPDATE: I’ve already contacted an attorney to represent my interests in this matter, and a DMCA Notification will be drafted and ready to send in case the owner of the infringing website does not comply by the date indicated above.

  1. PS, some sites explicitly allow for such reprinting of content, and some don't care. Most make their position on content rights known somewhere on the website. [<]

Another Thoughtcrime Victory! Manga Porn = 15 years

Wednesday, June 3rd, 2009

Just when you thought it was safe to possess a pen and paper, we hear about the disturbing case of Manga1 collector Christopher Handley’s prosecution and guilty plea (disappointing the Comic Book Legal Defense Fund) for violating the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” The maximum sentence is 15 years. It’s likely that Handley pled that down significantly.2 What did he possess to get him in so much trouble? Depictions of cartoon children being sexually abused.3

Some call him sick for collecting such things. Some feel he should be locked up. They feel that sick things should be prohibited. What is this really a case about? Sexuality? Pedophilia? Puritanism? Regardless, there has been an uproar in the comic book community, and the point I made last December is being reiterated.4 My “underage” stick-figure sex depiction (daring someone to prosecute me) has been, in a variety of ways, repeated.5

Where’s the victim? The ink? The paper? Are the prosecutors the type of people who believe that fictional characters have feelings or rights? And why isn’t everyone who has a copy of Nabokov’s Lolita (in book or movie form, or, heck, is there a graphic novel?) currently being prosecuted? Heck, why isn’t the government clamping down on Amazon and Barnes & Noble for selling both artistic and literary depictions of underage sex, rape, and torture? If you think it doesn’t exist, if you think it’s not purchasable by the general public, perhaps you’re the myopic kind of person who would cheer to see Handley thrown in jail while you simultaneously forgive the Catholic Church for harboring men who actually stuck their penises in the mouths and anuses of the innocent boys in their care.

Was that statement too obscene for you? Funny, because it really happened to real children by real priests (and lots of other people who don’t even know what Manga is). Why on earth would a man like Handley, who merely possessed drawings of things you don’t like, be subjected to more years in prison than the men who perform the acts you cannot bear to read upon REAL CHILDREN? That, not Handley, is what is disgusting in this society and world. Perhaps if Handley suddenly found Jesus he would be treated with real justice in a nation that touts its freedom of thought while failing to practice what it preaches.

Worth reading is the BoingBoing post about Handley’s unfortunate situation. Also some of the comments are right on target, and I’m going to quote a few of my favorites right here:

-verde-

Thought Police at the door sir:

-Have you ever in your head pictured an infant being raped?

-No.

-Not even now that we brought up the subject?

-Well, mmm I guess so.

-Could you come with us?

-spazzm-

And who exactly decides what is artistic or immoral?

Erotica is artistic, porn is immoral, smut is illegal.
Erotica is what excites me, porn is what excites you, smut is what excites them.

-anonymous-

One of the questions I have is why the assumption is that such content serves the sole purpose of titillation or arousal for the reader. Yes, its principle intent may be that, but that doesn’t necessarily mean the reader views it that way. I have books of Toshio Saeki’s work that I have brought back from Europe in the last ten years (and not without concern they would be confiscated at customs or worse). His work is *extremely* difficult to look at, and often incorporates children in sexual situations with adults. I do not find this at all arousing, and in fact, I find it shocking and disturbing. But I find his work incredibly beautiful, challenging and it inspires me to ask questions of myself as I look at it. So, where is that part of it? We must be allowed to examine the work of others that we ourselves may not agree with or even like…And I don’t want to live in a world where we’re not allowed to express even the darkest parts of our psyche…which no one is above. Some just keep it to themselves better than others.

Spare the whole “it inspires others to act”. Pete Townsend has a quote about that.

Then there’s that whole problem of suppressing thoughts and artistic expression. You know. That kinda poses ongoing problems. Telling people what they can / can’t think / express / consider doesn’t really work so great.

And, I highly agree with what was said earlier about cultural misunderstandings related to the taboo depiction of pubic hair making these characters appear to be children.

This is tragic. Very scary, very sad that he pled guilty without proper counsel. (I’m a mid-30’s white female, btw).

-anonymous-

Wow. I guess I better get ready for prison. I drew a picture of myself having sex with a cartoon girl (…after cutting her cartoon head off). By this standard, I’m guilty of sex crimes against children. I didn’t even get to “play doctor” as a kid. :(

If we really wanted to protect children, the US Catholic Church should be (temporarily) shut down and have all the clergy FBI checked and registered (fingerprints and DNA, you pervy bastards). Let’s start with the real criminals. Remember the psychologist in Happiness who was a pedophile? He jerked himself off to a male teen magazine in the back of his car (one of my all-time favorite cringe comedy moments). Those are the PEOPLE you should be worried about having pictures fuel their desire. It won’t be the loli.

I am a victim of child sexual abuse in two ways. I was abused as a teen, and my first attempt at intercourse was destroyed by my adult partner’s sobs of physical and psychological pain. She had been raped as a young girl. I carried that crushing guilt with me for several years after that.

Show me comics/drawings of someone’s fantasy/nightmare of raping and killing children, I may enjoy it. I may abhor it. I might fantasize about killing the person who made it. I might masturbate to it and cry afterward. In the privacy of my home and in my mind, I should be able to do anything I want with it.

Should I go to jail for thoughts?

In the meantime, I’m going to be renaming all of my folders “midget porn.”

-Redsquares-

In other news, millions arrested for owning copies of Gauguin’s works and early sketches.

I’d hate to see what happens to Scheile collectors.

God dammit, under this sort of law, my paper on Bellmer I wrote for art history is enough to throw most of that class in jail. Dude drew bisected nude girls, in a clearly sexualized nature. Damn good drawings, aesthetically and technically: well done, good composition, and were done to fuck with the Nazis to boot, but still… what does that prove?

It’s obvious you are a sick fuck, no matter what the hell you do. Someone, somewhere, is against it for the pure purpose of being against it, the only question is: can they convince others to be against it too?

-blueelm-

What a strange situation. It was my understanding that the posession of photographic child pornography was illegal because it encouraged the assault and mistreatment of the children in the picture. In other words it is documentation of abuse.

It is a strange and tough argument about manga and I don’t know exactly how I feel, but while our children are fetishised to a large degree in the US there is a distinction between a predatory pedophile, your nasty uncle, and people who collect drawings of little girls being split in half by squid with hardware. I’m not sure that the latter influences the former, as the person molesting one’s child is more likely to be a good friend or spouse than a sexually-frustrated comic collector.

I think the Gacey clown of pain model sticks in people’s heads, but remember that he actually interacted with kids… not drawings of them. Secondly while we may be stigmatizing our kids by putting them in beauty pageants and American Apparel ads, the objective of some one who compulsively rapes small children is not to worship the adult-like beauty of a little girl but rather to have sex with her because it fufuls a compulsive need. As far as sympathy for them, I’m not sure about these teach-a-lesson type laws, but I see no problem with confining a serious enough offender from the rest of society, but some one with some drawings? Really?

By the same token it makes me sad that there is probably some one who has actually raped a little girl who will serve less jailtime than this guy will for having some troubling drawings. As far as the drawings, as an artist, I can’t help but think that these things must be tolerated.

Okay, that’s enough for now. Check out the BoingBoing comment thread and KOS for a lot more on both sides of the issue.

If you have some extra money, donate it to CBLDF. If you know someone who is about to get in trouble for possessing cartoons (or a book, etc.), refer the person to CBLDF and the ACLU.

  1. “Comics and print cartoons (sometimes also called komikku コミック), in the Japanese language and conforming to the style developed in Japan in the late 20th century.” http://en.wikipedia.org/wiki/Manga [<]
  2. Here’s a link via Wired of his actual plea agreement. I think he screwed himself. [<]
  3. I’m sure that statement will get some unwanted Google hits to my blog. [<]
  4. If you missed it, the argument was about Lisa Simpson, the cartoon character, being depicted in sexual situations, and a law in Australia was being applied. My earlier article also referred to the U.S. Protect Act and related laws that have arisen in the Handley case. [<]
  5. No, I’m not taking credit for it, but I did post it in December, damnit! [<]

The DC Civil War Has Begun

Friday, May 22nd, 2009

As predicted by Marion Barry, the first volley of attacks has occurred in the DC battle over gay marriage.

The attack comes in the form of a bill with 30 initial co-sponsors, notably including Rep. Jim Jordan (R-Ohio) and Dan Boren (D-Okla.), that directly opposes the DC Council decision earlier this month to recognize same-sex marriages legally performed in other jurisdictions. The “DC Defense of Marriage Act” states that for all legal purposes, “marriage” means the union of one man and one woman. If it passes, it will undo the DC Council’s decision as well as preempt any DC marriage equality bill.

Conservative opponents of gay marriage in the District continue to claim that the majority of DC residents oppose gay marriage. Religious and other leaders plan to petition the Council for a citywide referendum. Again, the suggestion is made that a black-majority, traditionally made up of notably religious Democrats, opposes gay marriage and any attempt to recognize same-sex marriage from other jurisdictions. Until the referendum shows otherwise, that appears to be the type of hype and speculation that keeps naysayers like Bishop Harry Jackson of Lanham’s Hope Christian Church in the media spotlight.

Not only is this a gay rights battle, but it is also an example of the states rights conflict that sets DC apart from every other jurisdiction because, despite having a council, it lacks its own legislative representation. In other words, regardless of a decision made by DC local rules, the federal Congress can intrude with its own agenda.

Put succinctly by Jeffrey Richardson, president of the Gertrude Stein Democratic Club, a group that represents gay residents of the District:

The disappointing thing is that here we are fighting to govern and pass our own laws in the District of Columbia, and Bishop Jackson chooses to run to Capitol Hill to stand with congressmen to impose their will upon the residents of the District of Columbia.1

Of course, none of this will matter if Mr. Broun of Georgia, and company, get their way… (yes, unlikely in this Democrat-heavy Congress, but why again are we paying the salaries of people who waste time trying to pass such amendments when the economy is still tanking, people are still dying in distant and pointless wars, and so many other problems in this nation exist?)

May 7, 2009… Mr. BROUN of Georgia (for himself, Mr. CANTOR, Mr. NEUGEBAUER, Mr. TAYLOR, Mr. WESTMORELAND, Mr. JORDAN of Ohio, Mr. BURTON of Indiana, Mr. ALEXANDER, Mr. SOUDER, Mr. MCHENRY, Mr. FLEMING, Mr. PITTS, Mrs. BLACKBURN, Mr. MARCHANT, Mr. MCKEON, Mr. GINGREY of Georgia, Ms. FALLIN, Mr. HUNTER, Mr. PENCE, Mr. SCALISE, Mr. SHUSTER, Mr. WHITFIELD, Mr. TIAHRT, and Mr. ROGERS of Alabama) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States relating to marriage .

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

`Article–

`Section 1. This article may be cited as the `Marriage Protection Amendment’.

`Section 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.’.

  1. The Washington Post [<]

James Corbett Speaks at The Legal Satyricon

Thursday, May 14th, 2009

The Legal Satyricon (one of my favorite and engaging legal blogs) was fortunate enough to host recently sued California teacher James Corbett’s compelling editorial regarding the lawsuit one of his students brought against him for Corbett’s in-class, out of context statement that “creation is superstitious nonsense.” The suit was based on the theory that Corbett violated the Establishment clause, but Corbett ominously suggests that victories in such frivolous lawsuits would lead to chilling of teacher speech:

Every teacher in California (this was a federal case after all) now works with the knowledge that any student, at any time, and in violation of California law, can sneak a tape recorder into a classroom, record the teacher and use an out-of-context five second comment as a bludgeon to threaten, to intimidate and, ultimately, to destroy the teacher’s career and good name.

Read The Legal Satyricon’s synopsis of the case, and then read Mr. Corbett’s outstanding editorial, which I think I will print out and have framed.