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wired.com - 6/18/2009

Appeals Court Backs Prison for E-Mail Obscenity

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Sharing an obscene sexual fantasy over e-mail is a federal crime that enjoys no protection under the First Amendment, a federal appeals court said Monday, in a decision that drew sharp dissent from one judge and potentially set the stage for a Supreme Court appeal. In a 10-1 decision, the 4th ...

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Comics A.M. | The comics Internet in two minutes
Robot 6 @ Comic Book Resources - Covering Comic Book News and Entertainment — ... In a 10-1 decision, the 4th U.S. Circuit Court of Appeals declined to rehear Whorley’s case. In his dissent, Judge Roger Case encouraged the Supreme Court to take up the case. [Threat Level] ...

Comics A.M. - The Comics Internet in 2 Minutes
Comic Book Resources — ... part for possessing child pornography. However, the Justice Department also prosecuted him under the PROTECT Act for receiving cartoon (manga/anime) images via email depicting the sexual abuse of children. Whorley’s conviction was the first under the 2003 statute that was not based on photographs of children. In a 10-1 decision, the 4th U.S. Circuit Court of Appeals declined to rehear Whorley’s case. In his dissent, Judge Roger Case encouraged the Supreme Court to take up the case. [ Threat Level ] Creators | Cartoonist Derf is recovering from quintuple-bypass surgery, an ...

June 19, 2009: An unsympathetic defendant
Journalista - the news weblog of The Comics Journal — ...   Above the Fold   [Top Story] Whorley loses appeal on obscene-manga conviction Link: David Kravets The Fourth U.S. Circuit Court of Appeals has refused to consider the appeal of Dwight Whorley, by a 10-to-1 vote: Whorley was convicted in 2006 and sentenced to 20 years in prison, in part for possessing genuine child pornography. But the Justice Department — perhaps sensing a chance to smuggle ...

Whorley revisited
Blog@Newsarama — As many of you no doubt have read, a federal appeals court has refused to grant the petition for rehearing in the Dwight Whorley case. Whorley had been convicted of possessing child porn, receiving obscene manga and sending obscene email. The court ruled 10-1 against rehearing the case, but the focus of attention has been the lengthy dissent, in which Judge Roger Gregory urged Whorley to take the case to Supreme Court. Among other things, Gregory argues that Whorley’s conviction violated the First Amendment insofar as it punished ...