Man Faces 20 Years for Possession of Manga

I had this letter forwarded to me, and I thought it was relevant enough to put on the site:

As you may know, the Comic Book Legal Defense Fund (or CBLDF) is a 501(c)3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community.
On October 9, 2008, the CBLDF announced that it will participate as a special consultant to the defense of Christopher Handley, a 38-year-old Iowa manga collector who faces up to 20 years in prision for possession of manga that the government claims to be obscene. Of his collection of more than 1,200 volumes of manga seized by the government, Handley is being prosecuted for images that occur in just a handful of volumes. No photographic content is at issue in Handley’s case.
CBLDF Executive Director Charles Brownstein commented, “Handley’s case is deeply troubling, because the government is prosecuting a private collector for possession of art. 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 further context, CBLDF Legal Counsel Burton Joseph 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. This prosecution has profound implications in limiting the First Amendment for art and artists, and comics in particular, that are on the cutting edge of creativity. It misunderstands the nature of avant-garde art in its historical perspective and is a perversion of anti-obscenity laws.”
Regardless of the extent of one’s involvement in the manga hobby, Christopher Handley’s situation is obviously a point of interest if not outright concern. I encourage—I implore—anybody with any affection for manga to make the effort to learn more about the case. (To start, more information on the case and the CBLDF’s involvement is available here.) After doing so, if you are so moved to make a tax-deductible donation to the CBLDF, you can do so here.

This is pretty much the craziest thing I’ve ever heard of.  And I wouldn’t blame anyone who didn’t have money to donate to the CBLDF if they didn’t, but if you have the money, then Sweet Zombie Jesus, this is something you should donate to.

And if you can’t donate, at least spread the word on this one.

UPDATE: More info on what happened from the Comics Reporter:

Mr. Handley’s case began in May 2006 when he received an express mail package from Japan that contained seven Japanese comic books. That package was intercepted by the Postal Inspector, who applied for a search warrant after determining that the package contained cartoon images of objectionable content. Unaware that his materials were searched, Handley drove away from the post office and was followed by various law enforcement officers, who pulled him over and followed him to his home. Once there, agents from the Postal Inspector’s office, Immigration and Customs Enforcement Agency, Special Agents from the Iowa Division of Criminal Investigation, and officers from the Glenwood Police Department seized Handley’s collection of over 1,200 manga books or publications; and hundreds of DVDs, VHS tapes, laser disks; seven computers, and other documents. Though Handley’s collection was comprised of hundreds of comics covering a wide spectrum of manga, the government is prosecuting images appearing in a small handful.

Eric Chase and his team at the United Defense Group have been vigorously defending Handley, and scored a major First Amendment victory earlier this year when the judge found portions of the PROTECT Act unconstitutional in his ruling on a motion to dismiss. District Judge Gritzner of the Southern District of Iowa found that subsections 1466(a)(2) and (b)(2) of 18 U.S.C. 1466A unconstitutional. Those sections make it a crime to knowingly produce, distribute, receive, or possess with intent to distribute, “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,” that “is, or appears to be” a minor engaged in sexual conduct. Judge Gritzner found that those sections restrict protected speech and are constitutionally infirm.

Handley now faces charges under the surviving sections of 1466A, which will require a jury to determine whether the drawings at issue are legally obscene. The material cannot be deemed obscene unless it meets all three of the criteria of the Miller test for obscenity: “(a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” The jury must answer all three questions in the affirmative in order to convict.

Eric Chase recognized the importance of the case, and of the CBLDF’s contribution to it, in a statement to the CBLDF: “This case represents the latest in a string of efforts by the Department of Justice to encroach on free speech. The United Defense Group is committed to fighting to maintain the protections guaranteed in the Constitution, and we appreciate the CBLDF’s support in this fight.”

I mean…  Kill pointed this out to me in a private chat, doesn’t all Manga of sexual persuasion appear to engage minors?  Teenagers at least?

This just seems in a weird line between black and white.