Something of interest to fellow smut-writers out there...

[quidditchgrrl]

If you still think that you're somehow protected against being prosecuted for what you write (darn that pesky Constitution and Bill of Rights!), read ahead. I've been meaning to put up a few links concerning this man's conviction, but have put it off for whatever reason.

By listing this, I by no means condone the things that he has done, and it's been stated more than once that this guy is no hero. But, when all is said and done, how do we know that we're not next?

A Rather Left Viewpoint

As if I care what Ann Coulter thinks...

OU Post Article

How 'socially acceptable' are your thoughts and writings? If you've ever written/read anything labeled NC-17, you fall well within the interpretation of Ohio law. Grab that mental floss, it's time for a brain-scrubbing!

Comments

[schuywriter.livejournal.com]

This happened quite a while ago; I remember reading about it on Inscriptions. They had a poll about it. I am mostly a conservative/libertarian type but I really think that criminalizing private writings is totally wrong. I read the first article you presented and I also read through what Ann Coulter said (she's not 100% off the mark, I just disagree that a set group of people should be able to decide what constitutes "obscenity". Obscenity has differnt definitions in different countries, states, counties, areas or groups. So who is to really say ultimately what is obscene?)

A lot of stories that involve torture etc. are posted to the Alt.sex newgroup heading and I don't even think those people should be sent away. It's freedom of the press and of expression and speech. Yes, thre are limits to our freedoms but at the same time if the person is merely writing about something it is NOT a crime. It's not a crime to think the things he did, either. His mind is his own.

You always hear the same cry, "Protect the children!" It's good to protect kids from some things but I've noticed that teenagers online can be some of the most informed, rowdy, raunchy people. They're brazen and like to try to shock people. As if somehow sex is new to the rest of us just because it's new to them. I understand that whole dynamic and I think that we don't give kids enough credit. They're not idiots. Some of them are the ones writing the smut.

I just don't agree with this guy's journal writings being a crime. He didn't mean for them to be seen by anyone, and I agree that the seizure of the writings forced him to incriminate himself.

It's a scary and disturbing thing to see. Sure we don't want kids tortured and killed, but there was that new ruling that said that computer generated kid pictures were allowable for pornography because they didn't involve real children. So why is that allowed and this guy's total fiction (not even graphical) is not?

Maybe all of us fanfic writers aren't going to hell after all; maybe we'll just all end up in jail together. (Be sure to tell me stories while we're there, ok?)

It's sick to have your own thoughts made into sins and crimes. This is SUCH bullshit I can't stand it.

[siriologist.livejournal.com]

This is very scary. Arrested for the content of a private diary? Jeez. That's just plain wrong.

Carole

A though from Morgandy

[amichandrn.livejournal.com]

I think that the real issue is that this man has been convicted before. Because he had a conviction related to porn/sexual misconduct, sad as it is, the rules are different. Now, I admit that I don't have all the facts, but, I know that, in general, if you have a conviction involving rape or anything along those lines, you will not be allowed to have pornography, Period. The fact that it's pornography involving children in realistic situations just makes it worse.

He broke the terms of his probation. THAT'S the big key here. The fact that the writing involves "real" children in a realistic setting makes it more convictable. This isn't Hermione and Snape or Harry and Dumbledore. These are kids who could live up the street, or go to the neighborhood school.

But that's besides the point. If you are convicted due to sexual misconduct of any sort, when you go on probation, porn is forbidden. He broke his probation and should go to jail. I don't feel that we have anything to fear.

PS: PBG, your fics kick more ass then Keanu Reeves did in the Matrix.

Re: A though from Morgandy

[quidditchgrrl.livejournal.com]

I don't know whether to feel flattered or...oh, you just meant the action scenes in The Matrix? As long as you weren't refering to Keanu's acting...

Actually, the conviction was based solely around the diary, and whether it was a violation of parole - it was not a parole violation in and of itself. He did not have any other pornography in his home at the time. So, if you're an ex-con, should you be allowed to have murder mysteries in your house? Or write about murders in your diary? Or talk about it at all?

No person writing fanfiction is solely writing about canon characters; I'd wager that no person writing about characters period is doing it in a vacuum. There are real people that the characters are based upon. However, even with the physical descriptions in the diary, there was no established link between the fictional characters and any RL children this man had any visual contact with.

Was what he wrote disgusting? Yes. Was it disturbing? Yes. Was it fit for public consumption? No. But I'd rather he write it down in a diary than actually perpetrate it on the street.

And for the record, I'm a chemical castration proponent.