This is disturbing.
Obviously the world is better off this guy locked up if he did abuse children, but being arrested for writing a book is not a good thing.
Maybe Florida shouldn’t be doing it either.
Legally, is this different from a non-fiction book describing how to commit a murder?
For that matter, what is the legality of a book on how to commit murder? I have no idea. I suppose it’s a state by state thing, regardless.
Can’t wait to hear what law he broke.
The ACLU needs to get on this pronto, as distasteful as it is.
I think Freedom of Speech is a Constitutional issue.
Well, as far as that goes, some porn is not for sale in some places in the USA, (the whole “cable versions” of adult movies would be an example) and some states have different rules about things like nude dancing, all which are “Freedom Of Speech” issues, so it’s not totally cut and dry.
That said, I guess Florida must have a nice fat surplus of taxpayer money to tilt at hypothetical kidde-diddlers’ windmills with…
Yes, because the budgetary situation is the only consideration law enforcement should engage in when it comes to things like this.
I wonder how Florida taxpayers feel about it…
Mentioning that there is a budgetary consideration is not exactly the same thing as saying that is the ONLY consideration. Why do you put words in the poster’s mouth?
Well I am one, and I think it’s a waste.
Upon further review, it’s Polk county. That place makes Mayberry look progressive.
And upon even further review, he was arrested in my former residence in Colorado. Fantastic.
Thank You kayT.
As loathsome, evil and depraved as child molestation is, in America, the right to expouse such vile opinions as were apparently expressed in that book is Constitutionally protected, as far as I know.
Good point.
This is specifically why we have a First Amendment. It exists to protect speech that’s unpopular and offensive.
Which even then there are limits, like inciting people to commit illegal acts. I don’t know if that restriction should extend to cover instructing people on how to prevent being discovered while committing illegal acts, but I suppose that’s why the grey area is so grey.
Well this guy appears to be a rather disgusting person, but slippery slopes and all that. Florida prosecutor is a f***ing jackass.
The Anarchist’s Cookbook is the closest to that I can think of.
AFAIK, its author never got into any legal trouble, despite teaching people recipes for explosives, poisons, homemade weapons and how to commit 1970s style electronic fraud.
On the other hand, I understand that most of the “recipes” in the Anarchist’s Cookbook don’t really work, am I right? Also, that some of them are downright dangerous.
(In the interest of full disclosure, I have never read the book in question, so I have no idea about the precise nature of those “recipes”, only what I have read about them).
I notice the charge is distribution of obscene material. IIRC, the law, both statute and case, is that obscene speech is NOT protected. (And contrary to popular belief, yes, text w/o pictures can be ruled obscene under the Miller test).
Where I see there may arise a more interesting legal issue is around whether the “obscenity” criteria (patently offensive appeal to prurience, no social/cultural redeeming value, etc.) can be justifiably invoked in the case where what is involved is a depiction or advocacy of ideas or conduct that conceptually are morally offensive or repulsive. There IMO you would be drifting, as mentioned earlier, more into the area of incitation to crime, which is a different set of charges.
(BTW: IMO the insertion into the books over the last decade of “obscene material referring to minors” as something distinct and different from Child Porn, was done as a way to enable prosecutors to (a) deal with the Court rulings that “no real child = not CP”, and (b) avoid ridiculous situations such as arresting people for renting The Tin Drum or Lolita, by claiming that it’s obscenity, which CAN be outlawed, that is the essential component of the offense. Of course the “minors” modifier has the potential to be used as a “nuclear option” to dare anyone to oppose the prosecution, and the Polk County officials seem to be doing so…)
FWIW, there was a Great Debates thread about this book about a month ago, when Amazon made the decision to quit selling it.
Haven’t read any excerpts from the offending book, but would tend to agree.
Should Paul Stamets be prosecuted for his comprehensive manual on mushroom cultivation, which incidentally includes prohbited species’ growth parameters?