On Sun, 7 Aug 2022 15:52:25 -0700 (PDT), Tap Dance said:
> On Saturday, August 6, 2022 at 5:58:41 AM UTC-8,
adult...@gmail.com wrote:
>> I'm glad to see that efforts are underway for a asstr replacement.
>>
>> But there are issues that have to be thought of now, not later.
>>
>> For starters, all pedo and incest fiction has to go. We all have have
>> read about how MR Double is in a Federal Prison. All it's going to take
>> will be one complaint, and the website host will pull the site. You can
>> argue the First Amendment all you like, but in today's political
>> climate, with teachers and librarians being accused of being "groomers";
>> of public libraries and schools under attack - this is a problem we
>> don't need.
At the very least, all of Mr. Double's material and those of Frank McCoy
need to be removed as well. These materials have been adjudicated as
obscene, and therefore have no First Amendment protections whatsoever.
[snip]
> From what I recall Mr. Double was raided/arrested due to CP and child
> molestation and NOT because the the literature hosted on the site. As long
> as there is no picture hosting of underage persons and the normal
> disclaimers are attached, I don't see a problem with it.
This is incorrect -- here are the details of the criminal charges from
Arthur's attempt at reversal at the Court of Appeals.
* "Counts 2-6 were premised on five separate stories posted on the site,
though not written by Arthur."
* The Government also introduced two stories at trial written by Arthur,
which formed part of the basis for the allegation in Count 7.
Thomas Alan Arthur, Defendant -- Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:19-CR-774-1
Before Davis, Dennis, and Higginson, Circuit Judges.
Stephen A. Higginson, Circuit Judge:
A jury convicted Thomas Alan Arthur of three counts of producing,
distributing, receiving, and possessing an obscene visual depiction
of a minor engaged in sexually explicit conduct, in violation
of 18 U.S.C. § 1466A(a)(1);
| five counts of using an interactive computer service to transport
| obscene matters, in violation of 18 U.S.C. § 1462(a);
This is precisely the same charge that was used to convict Frank McCoy. You
may recall that McCoy's stories were strictly text-only -- they were not
illustrated in any way.
and one count of engaging in the business of selling or transferring
obscene matters, in violation of 18 U.S.C. § 1466(a).
On appeal, Arthur challenges his conviction and sentence. We AFFIRM in
part and REVERSE in part.
I. From the 1990s through 2019, Thomas Alan Arthur operated a website
called “Mr. Double.” At the time of the FBI investigation into Arthur,
the website contained over 25,000 erotic stories, written by several
thousand authors who contributed to the site. Many of the stories on
the site included graphic depictions of rape, murder, and sexual abuse
of children. Authors submitted stories to the site through a form or
by email, and Arthur then uploaded the stories to the site. Authors
could maintain a profile on the site that included a picture or avatar.
While some content on the site was available to anyone for free, full
access required a paid subscription.
In November 2019, FBI agents executed a search warrant at Arthur’s
home in Terlingua, Texas. That same month, Arthur was indicted by a
federal grand jury in the Western District of Texas. A nine-count
second superseding indictment was filed in October 2020. The second
superseding indictment charged Arthur with three counts of producing,
distributing, receiving, and possessing an obscene visual depiction
of a minor engaged in sexually explicit conduct, in violation of
18 U.S.C. § 1466A(a)(1) (Counts 1, 8, and 9); five counts of using an
interactive computer service to transport obscene matters, in
violation of 18 U.S.C. § 1462(a) (Counts 2, 3, 4, 5, and 6); and
one count of engaging in the business of selling or transferring
obscene matters, in violation of 18 U.S.C. § 1466(a) (Count 7).
Counts 1, 8, and 9 were premised on drawings used as profile pictures
by three authors on Arthur’s website,
| while Counts 2-6 were premised on five separate stories posted on
| the site, though not written by Arthur. The Government also introduced
| two stories at trial written by Arthur, which formed part of the basis
| for the allegation in Count 7.
https://law.justia.com/cases/federal/appellate-courts/ca5/21-50607/21-50607-2022-10-12.html