Embed Notice
HTML Code
Corresponding Notice
- Embed this notice@victor okay yeah it's all down to obscenity and so far there has only been one person charged with violating the PROTECT Act:
> Also in 2008, Christopher Handley, a "prolific collector" of manga,[28] pleaded guilty to charges related to the PROTECT Act, in exchange for a six-month plea deal, five years of probation, and forfeiture of his collection of manga and anime that had been seized by police.[27] He was facing a maximum sentence of up to twenty years. While not convicted by a jury, he was the first person charged under the PROTECT Act for the lone act of possessing art deemed obscene, in the form of seven manga graphic novels ordered from Japan. In the case United States v. Handley, district court Judge James E. Gritzner ruled that two parts of the PROTECT Act that criminalized certain depictions without having to go through the Miller test were overbroad and thus unconstitutional.[29] Handley still faces an obscenity charge.[30] Both prosecutors and defense attorneys noted that the plea deal was due to the high risk of a constitutional challenge, and the federal government agreed that Handley would not be required to register as a sex offender.[citation needed] A later ruling in United States v. Dean challenged the Handley overbreadth ruling because the Handley ruling did not prove that the sections had "substantial overbreadth".
So it's kind of at a deadlock right now? They were afraid of having the Supreme Court knock it down again.
What the hell man :bigwhat: