Man who wrote 'how-to' for pedophiles arrested

This case fails under Brandenburg as it is currently viewed. Certainly puts to the test peoples views of free speech though.

The government may suppress speech for advocating the use of force or a violation of law only if “such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Brandenburg v. Ohio, 395 U.S. 444, 447 (1969)

how is that a show of a failed case?
 
I have no argument against you here.

I think my hang-up here is the way the sheriff in my neighboring county is going after this guy. It seems like he is campaigning for political office as opposed to prosecuting the law. If he were simply prosecuting the law, I would not have so much of a problem with this. Hey, you break the law then you do the time. But, I swear this sheriff seems to be campaigning for Attorney General of the U.S. at the moment.

It appears, that it can be said that this book verges (remember I have not actually read the book) on child porn which is a crime. And if it does, then fine prosecute him, but damnit don't seek to further your political career while doing so.

Immie

The more I think this over...

Years ago I read Lolita and although the "ick" factor was present, it didn't bother me the same way this book does, should say the idea of this book, because I haven't read it either.

Maybe it's the idea of fiction vs. non-fiction?

I agree with you about the sheriff using the book to further his political career. There's an "ick" factor in that as well.
 
HA HA HA HA HA HA HA HA

I have now reduced STY to being even a bigger troll, then he already was.

I LOVE IT; because it continues to prove my point that he's an idiot.

HA HA HA HA HA HA HA HA HA HA HA

HEY STY; hurry up and change this one, also.

funny-pictures-kitten-shoe-loled.jpg


you're the other side of taichiliberal, aren't you? totally oblivious and ignorant.

so very sad.
 
The more I think this over...

Years ago I read Lolita and although the "ick" factor was present, it didn't bother me the same way this book does, should say the idea of this book, because I haven't read it either.

Maybe it's the idea of fiction vs. non-fiction?

I agree with you about the sheriff using the book to further his political career. There's an "ick" factor in that as well.

interesting points, i saw the movie and i think the difference here is age and method....this book is about manipulating very young children and their families so that you can force yourself upon small children and get away with it...has nothing to do with mutual love/lust (assumption of the movie) of a 14 year old girl who as the book says, initiated or made advances to him as well....

this book is clearly about getting away with molesting very young children and how to avoid capture
 
interesting points, i saw the movie and i think the difference here is age and method....this book is about manipulating very young children and their families so that you can force yourself upon small children and get away with it...has nothing to do with mutual love/lust (assumption of the movie) of a 14 year old girl who as the book says, initiated or made advances to him as well....

this book is clearly about getting away with molesting very young children and how to avoid capture

would it then be safe to say that if I wrote a book about how to manufacture an automatic seer for an AR15, that I should be arrested?
 
would it then be safe to say that if I wrote a book about how to manufacture an automatic seer for an AR15, that I should be arrested?

no. like i said earlier, this is going to boil down to obscenity issues and whether the writings encourages or incites such action....if your writings sought to encourage or incite murder, then it would be a different story.
 
no. like i said earlier, this is going to boil down to obscenity issues and whether the writings encourages or incites such action....if your writings sought to encourage or incite murder, then it would be a different story.

ok, focus on the obscenity issue then. Here is my problem with this case.

the 'author' lives in colorado, but the polk county florida sheriff is the one that arrested him AFTER polk county deputies ordered and payed for the book to be mailed to them. how is the 'author' supposed to know what a community considers obscene and what is not?
 
ok, focus on the obscenity issue then. Here is my problem with this case.

the 'author' lives in colorado, but the polk county florida sheriff is the one that arrested him AFTER polk county deputies ordered and payed for the book to be mailed to them. how is the 'author' supposed to know what a community considers obscene and what is not?

its a national standard. further, if you do business in a certain jurisdiction, it is up to you know the laws of said jurisdiction. its works the same both in civil law and criminal law.
 
would it then be safe to say that if I wrote a book about how to manufacture an automatic seer for an AR15, that I should be arrested?
Big difference here. For one, it is possible to legally own a full auto AR15 if one jumps through the right hoops and pays our beloved government for the privilege of exercising an enumerated constitutional right. Therefore, such instructions are not necessarily enticing or instigating illegal activity. Likewise, the anarchist's bible only tells how to build explosive devices, but does NOT, in any way, advocate using them in terrorist or any other illegal activities.

OTOH, an instruction book on how to commit child rape and get away with it can very well be argued to be enticing or instigating illegal activity BECAUSE of the additional factor of instructing how to escape legal penalties. Instructions on avoiding law enforcement assumes the reader has followed the first instructions making avoidance of law enforcement necessary, and can therefore be interpreted as encouraging the illegal behavior. As such the author cannot use free speech protections to hide from the consequences of his own actions.
 
its a national standard.
is is? whats the cite on that?

further, if you do business in a certain jurisdiction, it is up to you know the laws of said jurisdiction. its works the same both in civil law and criminal law.

what law in polk county describes what is obscene?

and lets not go near the 'ignorance of the law is no excuse' thing, especially when it doesn't apply to cops.
 
is is? whats the cite on that?



what law in polk county describes what is obscene?

and lets not go near the 'ignorance of the law is no excuse' thing, especially when it doesn't apply to cops.

miller v. california...3 prong test, with the ultimate factor being a national standard

i believe they cited a local statute for what is obscene, and as i talked about in post 15, if the local ordinance is challegned it will fall under brandenburg v. ohio....
 
interesting points, i saw the movie and i think the difference here is age and method....this book is about manipulating very young children and their families so that you can force yourself upon small children and get away with it...has nothing to do with mutual love/lust (assumption of the movie) of a 14 year old girl who as the book says, initiated or made advances to him as well....

this book is clearly about getting away with molesting very young children and how to avoid capture

That's my take on it, even though I didn't read it but did read reviews and articles.
 
miller v. california...3 prong test, with the ultimate factor being a national standard

i believe they cited a local statute for what is obscene, and as i talked about in post 15, if the local ordinance is challegned it will fall under brandenburg v. ohio....

just seems to me that it's too vague, on purpose.
 
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