So I wrote https://avproductionsblog.wordpress.com/2019/06/02/the-fantasy-list/ and a few people suggested there is nothing in the American legal system that can be used to oppress NSFW artists. That things have changed over the years and it is a lot more acceptable than in times passed.
I just learned today that Mike Diana has been around somewhere since 2017. I hope he is doing alright: When I moved out and began traveling, I ran into some situations that unless you were there you would not have thought they'd happen. But to hear that things are not as bad as my blog suggests is nice. Is wonderful. I was not upset, though the idea that the naturalist pacifists, would suggest justification behind the incarceration of a person for their livelihood is upsetting. Now you say no one is being oppressed for lewd works. I can site a few examples of those that where... https://www.vice.com/en_us/article/d38dyz/the-obscene-comic-that-got-its-artist-thrown-in-jail-is-back <<That was just one famous occurrence but there are many others not so known that see questions like, what my naturalist friend posed after reading https://avproductionsblog.wordpress.com/2019/04/07/let-freedom-ring/ "Am I ok with the laws?" I was shocked and had to ask myself, "Why would I not be?"
In order to suggest that things are better for perverts and lovers of the obscene since 1994, I was sent the guidelines of the Federal government on why Mike Diana was sent away.
https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity
So Mike Diana was charged with obscenity due to his creation and distribution of comics including the boiled Angel series. US obscenity laws prohibit the following:
18 U.S.C. § 1460- Possession with intent to sell, and sale, of obscene matter on Federal property
18 U.S.C. § 1461- Mailing obscene or crime-inciting matter
18 U.S.C. § 1462- Importation or transportation of obscene matters
Broadcasting obscene language
18 U.S.C. § 1465- Transportation of obscene matters for sale or distribution
18 U.S.C. § 1466- Engaging in the business of selling or transferring obscene matter
18 U.S.C. § 1466A- Obscene visual representations of the sexual abuse of children
18 U.S.C. § 1468- Distributing obscene material by cable or subscription television
18 U.S.C. § 1470- Transfer of obscene material to minors
It's worth noting that the laws themselves don't define obscenity, so the Supreme Court came up with the Miller Test to determine whether something is obscene. Boiled Angel counts as obscene since it contained depictions of murder and rape far beyond "contemporary adult community standards"
Also, as far as I've seen, these laws haven't actually changed much in recent history. Therefore I was incorrect in assuming laws have changed. I do want to point out, however, that according to these laws Diana was never arrested for making these artworks, but for intending to sell and/or distribute them. As far as I can tell, this doesn't necessarily seem to be an act of oppression, but rather regulation so that it doesn't get into the hands of impressionable children.
Citizen's Guide To U.S. Federal Law On Obscenity
Just so you know this is not good news, it is an act of oppression: especially since Obscenity was not defined, is not defined, and can be construed as using foul language, gore, violence, or a PG-13 movie: the guy was set up and if he was not and really intended harm all of that can only be determined by the original findings of the officer that investigated him. Again those that desire to peddle sex have things they are not allowed to do, regardless of Freedom of Speech laws and the inferred Freedom of Expression presented in the constitution. None of this changes my view points of my article of the "Fantasy-List," and if you are going to be passive about the intrusion upon you ability to create and trade smut, then don't get in the business of sex work. There are head hunters out there, lurking in the shadows and to be aware is to be alive.
I loved the discussion though with those willing to have it with me. I would suggest those that are younger than me to respect my wisdom on this issue. Everything presented proves my point entirely and makes me feel so good to be right. I love winning and would have made a bad ass lawyer. Anyway enough blowing of my own trumpet. The point of sharing this with you all is just to make you aware of my contempt for the pacifists and those that suggest, things are fine and it is not as bad as my articles suggest. Grow up and quick!
It was suggested that because Diana is free of probation and allowed to exhibit his works things are better. Mind you, Diana's has had his work in galleries before Superchief and got tagged, by and undercover cop.
Galleries will take work, if it will sell. That has never been an issue. LA has always been open to that kind of stuff. But the laws that allowed for an undercover cop to take his work and build an investigation to have him arrested was what I was referring to. Maybe times have changed and I am slow on the uptake but from where I am standing, to lock someone up for what they wrote or illustrated and not what they have done is a bit much.
Long live the right to ones fantasies.