On Oct 6 2022 04:05:46 -0700 (PDT) Foz “Jaxah” Tacticus <
fozz...@gmail.com>
said in Message-ID: <
7520c1d1-a824-4ba0...@googlegroups.com>:
> On Thursday, 6 October 2022 at 10:48:36 UTC+1,
a...@gmail.com wrote:
>
>> Stop living in the past.
>
> It's not living in the past - it's working on and improving the future. Is
> freedom going to be relegated to the dark web?
Freedom has /already/ been relegated to the dark web -- you just haven't
realized it yet.
> If I let things trample over others freedoms without complaint, then what
> right do I have when they trample over mine?
> It's too late then - something that should have been pushed back due to
> little traction is allowed to fester and gain traction.
>
> Freedom isn't about the past - it's about our future.
It's about both. Political and judicial decisions made in the past still
have influence today, and will continue to do so in the future. For example,
consider 18 USC §1462 -- this law was passed by Congress on March 2nd, 1873.
On March 2nd, 2023, this statute will be 150 years old. Within the last ten
years Frank McCoy and Thomas Arthur (Mr. Double) were both sentenced to
lengthy prison terms following convictions under this statute. McCoy died a
prisoner 3 years ago this coming April, and Arthur will very likely die in
prison, given his age, and the length of sentence imposed on him.
In particular, Arthur was charged with 5 counts under 18 USC §1462 -- he was
convicted on all 5 charges, and given the 5 year maximum sentence on each
of 4 counts, with the sentences to be served /consecutively/.
Before Davis, Dennis, and Higginson, Circuit Judges. Stephen A. Higginson,
Circuit Judge: A jury convicted Thomas Alan Arthur of... five counts of
using an interactive computer service to transport obscene matters, in
violation of 18 U.S.C. § 1462(a); ....
[...]
... [A] superseding indictment was filed in October 2020. The second
superseding indictment charged Arthur with ... 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); ... 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.
[...]
... And Free Speech Coalition did not change the longstanding rule that
obscene speech is not protected by the First Amendment. See 535 U.S. at
245-46 (“The freedom of speech has its limits; it does not embrace certain
categories of speech, including defamation, incitement, obscenity, and
pornography produced with real children.”); ...
This "longstanding rule" was cemented in place by the Roth (1957) decision,
Miller v. California (1973), Alexander (1993) to name just a few. For a
longer list, please refer to this link:
https://www.mtsu.edu/first-amendment/encyclopedia/case/79/obscenity-and-pornography
[...]
The PSR calculated a Guidelines range of 360 to 1080 months. The maximum
term of imprisonment was twenty years on Counts 1, 8, and 9, and five
years on Counts 2-7. The district court sentenced Arthur to 240 months’
imprisonment on Count 1 and 60 MONTHS’ IMPRISONMENT ON COUNTS 2, 3, 4,
AND 5, ALL TO RUN CONSECUTIVELY TO EACH OTHER, as well as 60 months’
imprisonment on Counts 6, 7, 8, and 9, to run concurrently, for a total
of 480 months’ imprisonment and three years’ supervised release. Arthur
timely appealed.
[Emphasis added]
These excerpts from Arthur's appeal clearly show that no less than six (6)
charges, counts: 2, 3, 4, 5, 6 and 7 were based on the stories posted on the
site.
Arthur was sentenced to 5 years imprisonment on each of charges 2, 3, 4 and
5 -- the sentences to run consecutively. In other words, he got 20 years in
prison -- half of the total sentence imposed -- just for the written word
alone.
18 USC §1462 criminalizes any speech as follows:
Whoever brings into the United States, or any place subject to the
jurisdiction thereof, or knowingly uses any express company or other
common carrier or interactive computer service (as defined in section
230(e)(2) [1] of the Communications Act of 1934), for carriage in
interstate or foreign commerce--
(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture,
motion-picture film, paper, letter, WRITING, PRINT, or other matter
of indecent character; or
(b) any obscene, lewd, lascivious, or filthy phonograph recording,
electrical transcription, or other article or thing capable of
producing sound; or
(c) any drug, medicine, article, or thing designed, adapted, or
intended for producing abortion, or for any indecent or immoral
use; or any written or printed card, letter, circular, book,
pamphlet, advertisement, or NOTICE OF ANY KIND GIVING INFORMATION,
DIRECTLY OR INDIRECTLY, WHERE, HOW, OR OF WHOM, OR BY WHAT MEANS
ANY OF SUCH MENTIONED ARTICLES, MATTERS, OR THINGS MAY BE OBTAINED
OR MADE;
[Emphasis added]
or Whoever knowingly takes or receives, from such express company or
other common carrier or interactive computer service (as defined in
section 230(e)(2) 1 of the Communications Act of 1934) any matter or
thing the carriage or importation of which is herein made unlawful—
Shall be fined under this title or imprisoned not more than five years,
or both, for the first such offense and shall be fined under this title
or imprisoned not more than ten years, or both, for each such offense
thereafter.
> That said, companies are not your friends and never will be. Their
> services are run through by money and people want to make money. Their
> platforms will never include freedom because their goal is money - and
> that's fine. They have their place and they do their own thing. If money
> is the goal, then sure. Go do your own thing.
>
> On the other hand, if your goal is freedom, well you're going to be
> funding and doing things yourself for your goal. Not enough money or
> resources? Work with others who align with out to bring down the costs,
> keep building a community and maybe you'll have built enough to have the
> traction to fight back.
>
> If you talk like it's an inevitable lost cause, then for you it is.
I hate to break it to you, but it is already a lost cause, both legally as
well as politically. If you think you can organize a mass-movement with the
goal of eliminating obscenity law, good luck to you. Neither the Democratic
party nor the Republicans will touch this issue with a barge-pole.
Your only political alternative may well be the Libertarian party, but
without a base of broad popular support, the Libertarians don't stand a
snowball's chance in hell of getting enough people elected to make the
slightest difference.
If anything, by all appearances, the Republicans intend to pander to their
supporters in the religious right, and vastly expand the definition of
obscenity so that it encompasses virtually all descriptions/expressions of
sexual activity, regardless of however it is conveyed or expressed.
> I however will not be rolling over when my own freedoms are trampled on.
> Not now. Not ever. And if I let other's freedoms be trampled on now
> because I don't agree with it, then those that could have been allies to
> help me stand when I need them will be nowhere to be found.
You are entirely free to write whatever you wish, and on their part, the
government is entirely free to prosecute you if they feel what you have
written is obscene.
The only opportunity you now have to express yourself, without fear of being
prosecuted, is to turn to the Darknet.
Frank McCoy set himself the goal of overturning Miller v. California, but in
the end, he only further cemented into place the very law he sought to
overturn.
Santayana
--
Those who cannot remember the past are condemned to repeat it
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