United States V. Handley
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United States V. Handley
''United States v. Handley'', 564 F. Supp. 2d 996 (2008), was a court case in the United States District Court for the Southern District of Iowa involving United States obscenity law, obscenity charges stemming from the importation of manga featuring pornographic depictions of fictional minors. Although Handley ultimately pled guilty, District Judge James E. Gritzner ruled that and were constitutionally infirm because those subsections restrict protected speech and do not require the visual depictions be obscene. He also held that the determination of what constituted obscenity under and was to be made by the trier of fact. Referring to previous U.S. Supreme Court cases on obscenity and Child pornography laws in the United States, child pornography, he held, "''Ashcroft v. Free Speech Coalition, Free Speech Coalition'' made clear that banned material must meet either the ''New York v. Ferber, Ferber'' or ''Miller v. California, Miller'' standards. There is no dispute the imag ...
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United States District Court For The Southern District Of Iowa
The United States District Court for the Southern District of Iowa (in case citations, S.D. Iowa) has jurisdiction over forty-seven of Iowa's ninety-nine counties. It is subject to the United States Court of Appeals for the Eighth Circuit, Eighth Circuit Court of Appeals (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). The United States District Court for the District of Iowa, established on March 3, 1845, by 5 Stat. 789,Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 394.U.S. District Courts of Iowa, Legislative history
''Federal Judicial Center''.
was subdivided into the current United St ...
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United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. But unlike U.S. state courts, federal dis ...
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Censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments, private institutions and other controlling bodies. Governments and private organizations may engage in censorship. Other groups or institutions may propose and petition for censorship.https://www.aclu.org/other/what-censorship "What Is Censorship", ACLU When an individual such as an author or other creator engages in censorship of his or her own works or speech, it is referred to as ''self-censorship''. General censorship occurs in a variety of different media, including speech, books, music, films, and other arts, the press, radio, television, and the Internet for a variety of claimed reasons including national security, to control obscenity, pornography, and hate speech, to protect children or other vulnerable groups, to promote or ...
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Lolicon
In Japanese popular culture, is a genre of fictional media in which young (or young-looking) girl characters appear in romantic or sexual contexts. The term, a portmanteau of the English phrase "Lolita complex", also refers to desire and affection for such characters (, "loli"), and fans of such characters and works. Associated with unrealistic and stylized imagery within manga, anime, and video games, ''lolicon'' in ''otaku'' (manga/anime fan) culture is understood as distinct from desires for realistic depictions of girls, or real girls as such, and is associated with the concept of '' moe'', or feelings of affection and love for fictional characters as such (often cute characters in manga and anime). The phrase "Lolita complex", derived from the novel ''Lolita'', entered use in Japan in the 1970s, when sexual imagery of the ''shōjo'' (idealized young girl) was expanding in the country's media. During the "''lolicon'' boom" in adult manga of the early 1980s, the term was ...
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PROTECT Act Of 2003
The PROTECT Act of 2003 (, 117 Stat. 650, S. 151, enacted April 30, 2003) is a United States law with the stated intent of preventing child abuse as well as investigating and prosecuting violent crimes against children. "PROTECT" is a contrived acronym which stands for "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today". The PROTECT Act incorporates the Truth in Domain Names Act (TDNA) of 2003 (originally two separate Bills, submitted by Senator Orrin Hatch and Congressman Mike Pence), codified at 18 U.S.C. § 2252(B)(b). Overview The law has the following effects: *Provides for mandatory life imprisonment of sex offenders convicted of sex offenses against a minor if the offender has had a prior conviction of abuse against a minor, with some exceptions. *Establishes a program to obtain criminal history background checks for volunteer organizations. *Authorizes wiretapping and monitoring of other communications in all cases related to child abuse ...
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Legal Status Of Drawn Pornography Depicting Minors
Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real children to create pornographic material. Virtual child pornography depicts purely-fictional characters (for example, ''lolicon'' manga). "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography. Some analysts have argued whether or not cartoon pornography that depicts minors is a victimless crime. Laws have been enacted to criminalize "obscene images of children, no matter how they are made", typically under the belief that such materia ...
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Laws Regarding Child Pornography
Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal (e.g. production, distribution, possession, and/or downloading and viewing of material). Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography. Several organizations and treaties have set non-binding guidelines (model legislation) for countries to follow. While a country may be a signatory, they may or may not have chosen to implement these guidelines. The information gi ...
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Facial Challenge
In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge, which alleges that a particular application of a statute is unconstitutional. If a facial challenge is successful, a court will declare the statute in question facially invalid, which has the effect of striking it down entirely. This contrasts with a successful as-applied challenge, which will result in a court narrowing the circumstances in which the statute may constitutionally be applied without striking it down. In some cases—e.g., ''Gonzales v. Carhart'' or ''Crawford v. Marion County Election Board'', a facial challenge has been rejected with either the court or concurring Justices intimating that the upheld statute might be vulnerable to an as-applied challenge. In First Amendment cases, another type of facial challenge is enunciated in the overbreadth d ...
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United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ...
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The Doll's House
''A Doll's House'' is a play by Henrik Ibsen. A Doll's House, Doll's House, or The Doll's House may also refer to: Film and TV * ''A Doll's House'' (1911 film), a short silent film starring Marie Eline, William Russell and Marguerite Snow * ''A Doll's House'' (1917 film), an adaptation directed by Joe De Grasse * ''A Doll's House'' (1918 film), an adaptation directed by Maurice Tourneur * ''A Doll's House'' (1922 film), an adaptation directed by Charles Bryant and starring his wife Alla Nazimova * ''A Doll's House'' (1943 film), an adaptation directed by Ernesto Arancibia * ''A Doll's House'' (1956 film), a Swedish film adaptation directed by Anders Henrikson * ''A Doll's House'' (1959 film), a television film adaptation directed by George Schaefer * ''A Doll's House'' (1973 Garland film), an adaptation directed by Patrick Garland * ''A Doll's House'' (1973 Losey film), an adaptation directed by Joseph Losey * ''A Doll's House'' (1992 TV drama), a television adaptation dire ...
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Neil Gaiman
Neil Richard MacKinnon GaimanBorn as Neil Richard Gaiman, with "MacKinnon" added on the occasion of his marriage to Amanda Palmer. ; ( Neil Richard Gaiman; born 10 November 1960) is an English author of short fiction, novels, comic books, graphic novels, nonfiction, audio theatre, and films. His works include the comic book series '' The Sandman'' and novels '' Stardust'', '' American Gods'', ''Coraline'', and '' The Graveyard Book''. He has won numerous awards, including the Hugo, Nebula, and Bram Stoker awards, as well as the Newbery and Carnegie medals. He is the first author to win both the Newbery and the Carnegie medals for the same work, ''The Graveyard Book'' (2008). In 2013, ''The Ocean at the End of the Lane'' was voted Book of the Year in the British National Book Awards. It was later adapted into a critically acclaimed stage play at the Royal National Theatre in London, England that ''The Independent'' called "...theatre at its best". Early life Gaiman's f ...
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Miller Test
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. History and details The Miller test was developed in the 1973 case ''Miller v. California''. It has three parts: *Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, *Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, *Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.This is also known as the ''(S)LAPS test''- eriousLiterary, Artistic, Political, Scientific. The work is considered obscene only if ''all three'' conditions are satisfied. The first two ...
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