Do you know that you can be thrown in jail if your comics
collection includes any pictures of young people — perhaps “children”; yes, some
young people are young enough to be called “children” — in positions suggesting
they are engaging in sexual activity or are about to engage in sexual activity?
If you are a scholar studying various kinds of manga, or a fan of manga, you
risk your liberty — particularly if, among the manga you are studying, there are
lolicon, manga in which childlike female characters are depicted in an erotic
manner. In short, do you know that your private proclivities — if they have
anything to do with sex — endanger your freedom? That you have, in effect, no
privacy whatsoever? That is the lesson we must derive from the case of
Christopher Handley, the 39-year-old Iowan with manga in his comic book
collection, who was sentenced on February 10 to six months in jail and five
years probation because someone thought a minute portion of his collection was
“child pornography.”
The
prosecution notes, as the defense does in its brief, that there are no
analogous cases to use for sentencing guidance because is the first time that
comics (or other not-real depictions) have been prosecuted as a federal crime
under the new statute. The defense counsel’s brief noted that no
actual pornography was found in Handley’s home or on his computer, and
that the lolicon material was “only a minute portion of his entire collection,
which consisted of tens of thousands of manga and anime, representing all
genres of the art form.”
Since this
case was pleaded out, we won’t know with any precision its implications for
personal freedom let alone freedom of the press and freedom of expression. We
do know, however, that sex, without much question, is responsible in this
country for the propagation of more injustice per square foot than just about
any other human knack with the possible exception of racism.
As a
nation, we have a decidedly confused (perhaps insane) attitude about sex and
obscenity. Our bewilderment is probably rooted in a misbegotten sense of
morality fostered by our Puritanical religious heritage, which successfully
proclaimed, without a basis in any fact about human nature, that sex is bad or nasty
or wrong, somehow, which leads, inevitably, to the sort of confusion Butch
Hancock, a songwriter, discovered as a boy growing up in Texas: “Sex is the
most awful, filthy thing on earth, and you should save it for someone you
love.”
Our
attitudes are decidedly contradictory, as Hustler
publisher Larry Flynt memorably points out: “Murder is a crime; writing about
it isn’t. Sex is not a crime, but writing about it is. Why?”
Despite our
aversion to sex in any form, we exploit our relentless interest in it. Said
sociologist Philip Stater: “If we define pornography as any message from any
commercial medium that is intended to arouse sexual excitement, then it is
clear that most advertisements are covertly pornographic.”
Stephanie
Black, head of marketing at the Playboy channel, adds: “On TV you can use sex
to sell anything except sex.”
In our
attitudes about sex, we are unique in the world, as Marlene Dietrich, an
undeniable expert, observed: “In America, sex is an obsession; in
other parts of the world, it is a fact.”
The law
Handley was charged with breaking, Section 504 of the PROTECT Act, designed to
stop trafficking in child pornography, is a highly questionable matter itself.
Under its provisions, Handley went to trial, charged with possessing an
obscenity and/or a visual depiction showing a minor engaged in sexually
explicit conduct.
The Comic
Book Legal Defense Fund did not provide the defense for Handley, but was a
special consultant to Handley’s defense team, providing access to First Amendment
experts, recommending expert witnesses on manga, and funding expert research
for an eventual jury trial.
"Handley's
case is deeply troubling, because the government is prosecuting a private
collector for possession of art," said CBLDF Executive Director Charles
Brownstein last spring. "In the past, CBLDF has had to defend the First
Amendment rights of retailers and artists, but never before have we experienced
the Federal Government attempting to strip a citizen of his freedom because he
owned comic books.”
Putting the
case into context, Burton Joseph, CBLDF's Legal Counsel said: "In the
lengthy time in which I have represented CBLDF and its clients, I have never
encountered a situation where criminal prosecution was brought against a
private consumer for possession of material for personal use in his own home.”
The gestapo
may be knocking on your door next.
We
discussed the Handley case and some of its implications in the Usual Place
(RCHarvey.com, Rants & Raves, Opus 239; Opus 243 reports Handley’s plea
bargain and extends the discussion started in Op. 239). I urge you to read both
again. It will make you shudder. Handley sounds like a man whose hobby has
taken possession of him in ways that are scarcely healthy (and he probably
realizes this, hence his plea bargain), but that is neither here nor there. His
privacy was invaded, his freedom to be whatever he wanted to be as long as it
didn’t infringe upon the liberties of others was ignored. It could be you or
me.
Because so much manga features characters with childlike
faces, any of those stories that edge into the realm of romance (the kinds of
books teenage girls are grabbing up by the bushel) could be seen as lolicon — or,
in this country, child pornography.
The gestapo
has the ammunition; it lacks only the impulse and the opportunity.