U.S. Appeals Court declines to hear the abomiation's case.

[Ciel Soleil]

U.S. Appeals Court Declines to Hear Dwight Whorley's Case

posted on 2009-06-18 11:06 EDT
10 judges vote against reviewing man's 20-year term for both real, virtual Obsenity
The judges of the U.S. Court of Appeals for the Fourth Circuit have voted against reviewing the 2006 conviction of Virginia resident Dwight Whorley for possessing filthy material , including anime images, and sending obscene e-mail messages that included textual descriptions obsene material. Last year, when the case was first appealed to the court, two judges voted to uphold the conviction, with one voting against. The decision to decline rehearing it "en banc" (by all of the judges currently in office) was supported by 10 of them. One, Judge Roger L. Gregory, who also cast the earlier dissenting vote and wrote an opinion in support of Whorley's right to possess certain images depicting of a certain age group as long as he did it in the privacy of his home, cast the lone vote to accept.

In his six-page dissenting opinion from the ruling, Gregory primarily focuses on the portion of Whorley's conviction that arose from him sending obscene e-mail messages about obsene material to other consenting adults. He argues that a conviction for this "restricts the use of today's dominant medium for exercising freedom of speech." However, Gregory also addresses the portion of the conviction that arose out of the prohibition on possessing obscene images (such as comics or pictures) of said group that do not involve these persons, and urges Whorley's attorney to petition the Supreme Court to hear the case and decide on the legality of both points.

*edit for unfriendly content and no link provide (look it up for yourself)*
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What are you thoughts about this and why?

No flaming.

[Doctor One]

So he got arrested for porn?
That's stupid.

[Storm Strife]

So he got arrested for porn?
That's stupid.

He was arrested on charges of life-like child pornography and actual child pornography.

[Ciel Soleil]

So he got arrested for porn?
That's stupid.

He was arrested on charges of life-like child pornography and actual child pornography.

Source: CNN and ANN

The individual, who was already on probation for a previous underage illicit imagery conviction, used a computer at the Virginia Employment Commission to download anime-underage images and digital photographs of said age groups engaged in explicit acts.

His conviction found him guilty of numerous charges related to both the "virtual" and real youth illicit images. He was the first person convicted under the 2003 PROTECT act for life-like virtual underage illicit imagery.

[Forgotten Show]

Good times. May he burn alive for the child pornography bit; I couldn't care less about the imagery, since the imagery isn't victimizing anyone. I suspect that distinction is going to become pretty cornerstone in future legal disputes on this subject.


Bad Memory

[Señor Nobody]

He shall burn in Raptor!Hell where Raptor!Satan will punish him for all of eternity.

Blegh, this man is sick.

[AF SUCKS]

Dwight Whorley, what a name.

[Jill Bird]

what is wrong with that it just mean he had a picture not a sex

[Señor Nobody]

what is wrong with that it just mean he had a picture not a sex

You...You're kidding right? Please, in all that is holy, tell me you are making a horrible joke.

[Storm Strife]

You...You're kidding right? Please, in all that is holy, tell me you are making a horrible joke.

Actually, in terms of photo-realistic and / or drawn child porn, it is a subject worthy of debate.

[Ciel Soleil]

What is wrong with that? it just mean he had a picture not sex.

You...You're kidding right? Please, in all that is holy, tell me you are making a horrible joke.

Actually, in terms of photo-realistic and / or drawn child porn, it is a subject worthy of debate.

I agree, but the only difference is the words coming from some hair-brained yellow7 clone troll.

[AF SUCKS]

Law says if it's real or implied it's punishable. With the recent story about Miley Cirus and a certain photoshopped act, the picture was a fake but since she's underage shown in a semi-pornographic act it's still criminal to posess.

Worse for him was the public access computer he used and apparently didn't care who knew it.

[Señor Nobody]

Actually, in terms of photo-realistic and / or drawn child porn, it is a subject worthy of debate.

It just disturbs me that he was satisfying his sexual urges with images of children. Fake children, but still he was getting a sexual thrill from looking at these images.

[SeraphimAriaRhapsody]

Law says if it's real or implied it's punishable. With the recent story about Miley Cirus and a certain photoshopped act, the picture was a fake but since she's underage shown in a semi-pornographic act it's still criminal to posess.

Worse for him was the public access computer he used and apparently didn't care who knew it.

It wasn't smart of him and publicly humiliating.

These things you keep in private, not out in the open.

[AF SUCKS]

Maybe that's waht he wanted.

People are sick like that.

[Forgotten Show]

Law says if it's real or implied it's punishable. With the recent story about Miley Cirus and a certain photoshopped act, the picture was a fake but since she's underage shown in a semi-pornographic act it's still criminal to posess.

Worse for him was the public access computer he used and apparently didn't care who knew it.

But does the law say anything about non-realistic pictures? How realistic must an image be to be considered "implied"? Like I said, if there's a victim then I wholly support punishments. If it's a rendering of nobody, or something in in the, say, anime style, there isn't a victim. I find it in poor taste, but I find smoking pot in poor taste too.

The fine line here is at what point does the law and its enforcement become arbitrary whims as opposed to a measure to actually protect society?


Bad Memory

[AF SUCKS]

If it depicts obviously underaged persons in sexual acts it's illegal.

That means animation too. All child porn no matter waht form it's in is in poor taste and the viewer should enjoy their time in jail.

[Capernicus]

Lolis are an anime fans favorite. It's not my taste, but to be honest you could consider the image in Capernicus' sig loli. Now, she obviously doesn't see it that way and probably only like it because IT'S AN OMG CUTE KITTY! But do you think she deserves to be arrested for it?

In truth, where do we draw the line between loli that is too cartoony and therefore harmless and too real and punishable by law? I myself don't go out in search of loli, but I think it's a subject relevant to some people here, whether it is publically acknowledged or not.

In either case, there's no wiggle room for Dwight Whorely because he possessed real child porn. May he rot in jail.

[Ramona Flowers]

If it depicts obviously underaged persons in sexual acts it's illegal.

That means animation too. All child porn no matter waht form it's in is in poor taste and the viewer should enjoy their time in jail.

really? I thought the whole reason hentia is so big is because it's JUST drawings, therefor making it legal? o_o Then again the justice system is different in Japan. Personally, I never saw a problem with it, everyone has a perverted side, as long as he didnt have or take part in any real child pornography.

he's stupid for sharing his personal shiz with others

[AF SUCKS]

Do they make hentai with characters made to look like children? Cause if they do that's sick.

I don't watch much hentai at all, but I've never had a problem making out the characters are supposed to be adults.

There was a debate on that Miley Cyrus picture, outcome was even if it's faked she's 16 and it's illegal to view or posess such a picture (even though edited copies are still on the internet) and this applied to things like CG or hand drawings. Even if it's not actual children doing it, that still feeds the sickos out there who crave this stuff.

Wrong is wrong.

[Ramona Flowers]

Do they make hentai with characters made to look like children? Cause if they do that's sick.

I don't watch much hentai at all, but I've never had a problem making out the characters are supposed to be adults.

There was a debate on that Miley Cyrus picture, outcome was even if it's faked she's 16 and it's illegal to view or posess such a picture (even though edited copies are still on the internet) and this applied to things like CG or hand drawings. Even if it's not actual children doing it, that still feeds the sickos out there who crave this stuff.

Wrong is wrong.

yeah they do. But pictures are different from cartoons and drawings, considering they're not actual people. I understand the whole Miley Cyrus thing, and why people are trippin about it [and laughing], but thats on a completely different level since it involves a living, breath person.

[AF SUCKS]

It saddens me to know such animation exists.

I do believe the NYC law on it is no material whatsoever can display children in the act and have incorperated it to include artifical images of a disturbing nature. Few years back the place I took my laptop to for servicing has an internet cafe too, guy came in and started watching kiddie porn in plain vire of everyone in the store, a lady went outside and called the police. They came and arrested this guy and siezed the computer. Turns out he was a repeat offender on a watchlist who most likely did this to get caught on purpose. Sick people who watch this are fufilling a deranged fantasy, god forbid they act on it, so anything that gives them this perverse satisfaction should be outlawed and I'm pretty sure around me it is.

[Storm Strife]

There was a debate on that Miley Cyrus picture, outcome was even if it's faked she's 16 and it's illegal to view or posess such a picture (even though edited copies are still on the internet) and this applied to things like CG or hand drawings. Even if it's not actual children doing it, that still feeds the sickos out there who crave this stuff.

Wrong is wrong.

However, you could argue that lolicon and shotacon provide a legal outlet for these people, and that by taking it away, you run the risk of them turning to actual child porn (because hey, if both are illegal, while not go for the real thing? Gonna get busted either way if caught), or worse, preying on actual children.

Of course, you're going to get the people who can't control their urges, and will go after children or start acting out some perverse fantasy. Nothing you can do short of a huge big brother scheme will stop these people. However, providing an outlet for the ones with self-control could stop them turning to actual child porn and actual children.

[Diocletian]

Couldn't he just have requested loli in /r/ or something? Way to get caught.

[ichimoku_fanboy]

from what i see you can side either way with the debate over whether it was justly illegal or just perverted...

i really dont get why fake child pornography is wrong though, sure its sick but still, its fake... whether or not someone fills their sexual desire with it doesnt change the fact that theyre still perverted inside, wuts more the person isnt actually out and about doing these disgusting things to people, hes watching the gross stuff, which isnt real, at home on his computer...

to me it just seems like teh government wants to overstuff its jail cells...


dont get me wrong im appalled that someone would get turned on by that stuff but still, its fake people...