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    Michel D   Dallas: Trampling the First Amendment

    12.8.03 -  17:06

     
    I'm pretty happy that I have freedom. I would like to think that all of you, that all of us are happy to have the freedoms that we enjoy and occasionally take for granted here in America. That's why, when I read something like this, I get angry. Actually anger isn't at all the word that I feel. I feel insulted, used, taken advantage of, irate, infuriated, and sad. If there's a word for all of that at the same time, that's what I feel.

    Supreme Court Denies Castillo Appeal

    Just in case you don't feel like reading the entire article, let me boil it down for you. Jesus Castillo was charged with two counts of obscenity in 2000 for selling an adult comic book to an Adult.

    Did you miss that?

    He sold an Adult Comic book to an Adult! In the comic store, In the ADULT SECTION of the comic store, he sold an ADULT COMIC to an ADULT! What the fuck! The Adult he sold the comic to was an Undercover Police Officer. Now he wasn't charged because he selling adult comics. He was charged, because the Comic Store is ACROSS THE STREET from an Elementary School. It's across the fucking street from a school. That's why he was arrested. Never mind the fact that the Comic Store has an Adult Section that only Adults can go in, never mind the fact that Castillo sold the offending comic to another Adult.

    At the trial, the comic's content was never even brought into evidence. So was the comic obscene? Who knows! But that didn't matter to the Prosecution. What mattered is that it COULD HAVE BEEN obscene, and for god's sake there are children right across the street. The State Prosecution's closing remarks were "I don’t care what type of evidence or what type of testimony is out there, use your rationality, use your common sense. Comic books, traditionally what we think of, are for kids. This is in a store directly across from an elementary school and it is put in a medium, in a forum, to directly appeal to kids. That is why we are here, ladies and gentlemen. … We’re here to get this off the shelf."

    Did you miss that?

    They didn't care about evidence. They didn't care about testimony. All that mattered to them is that the medium in question is considered to be geared for children. And they won! Castillo was sentenced to 180 days in jail, A year of supervised Probation, an indeterminate length of Unsupervised probation, and a $4000 fine.

    The fucking State of Texas put the First Amendment on trial and sent it to prison!

    Holy Fucking Shit!


    so now, the Supreme Court has denied him an Appeal. "The Supreme Court has allowed a precedent to stand that allows a man to be convicted of obscenity charges without adequate proof being presented that the work he is convicted for selling is constitutionally obscene. All because the medium the alleged obscenity was placed in 'is for kids.'"


    Please pass this along. Please inform people. Please...
     

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