The Comic Book Legal Defense Fund announced back in 2008 that they would serve as special consultant in the case of Iowa v Handley.
Neil Gaiman came to the defense of Handley, who had been been arrested by the police because of magazines he ordered from Japan.
The material involved was not something that could be prosecuted as illegal if made or distributed within our country or individual states, but only across international or state lines. And no matter what it was depicting, the only charge that managed to stick was obscenity.
It was a cut and dry case really, obscenity charges could not stand up in court especially with so much public scrutiny on the case. But most likely influenced by the loss of his job, his sinking status in his community, and the effect the arrest had on his sick mother; Christopher Handley pleaded guilty to the charges less than a year ago.
Today Christopher Handley was setenced to six months in prison for setenced to six months in prison for having procured obscene materials.
Despite the general prudeness of American Society we are not Australia(where parodies of The Simpsons will get one placed in jail for several years). Initially Handley had been cleared of the Child Pornograpy Judges brought against him by the prosecutor. The Supreme and Circuit Court had ruled that the following passage in the PROTECT ACT co-sponsored by John McCain was overly broad.
Title 18, United States Code, Section 1466A(b)(1), which prohibits the possession of any type of visual depiction, including a drawing, cartoon, sculpture, or painting, that depicts a minor engaging in sexually explicit conduct that is obscene.
As a result several of the charges were thrown out, the only one that remained was the charge of Obscenity which meant that this was going to be left up to The Infamous Miller Test.
But then the bomb was dropped that Handley had plead guilty.
Today Handley described as
An introverted child with an interest in science fiction and fantasy. After graduating high school, he enrolled in the U.S. Navy, and was later discharged due to a preexisting medical condition. He received an Associate's Degree in Electrical Engineering and Computer Programming in 1995, graduating with a grade point average of 4.0. He immediately started work as a computer programmer in 1995 for a company that he stayed with until 2007 — when his employer learned of his pending charges. The documents stated Handley returned to live in his mother's house so he could assist her due to her medical problems. The defense document stated that Handley spent his free time attending a Bible study group, playing online games, and reading comics.
Will face the trials of prison, his life now ruined. His 4.0 average and 12 year job record laid to waste by the simplicity of smut being imported from overseas.
Furthermore he will have to
Participate in a treatment program, to include psychological testing and a polygraph examination, as directed by the U. S. Probation Officer.
in order to
intended to provide [Handley] with diagnosis and treatment for sexually and/or gender identity or other mental health issues.
Poor guy, his life was ruined by a couple of drawings.
IS this the kind of justice seek in America?
Does anything about Christopher Handley sound the least bit dangerous?
Is this the kind of people we are locking away, not for any dangerous actions, not for any provable mental issues, but for having imported some drawings from overseas?
It's downright deplorable.