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 speech pertaining to “imaginary children.”
Judge Gregory’s may have struck a chord in the comics & manga communities, but odds are that it will not make a similar impression on a majority of Supreme Court Justices, let alone appellate judges in his or any other federal circuit. The Court established years ago that fiction and drawings can be obscene. There is no split among the federal circuits regarding that issue, and the Supreme Court is not likely to view protecting pornographic depictions of children as a compelling reason to overturn decades of established obscenity jurisprudence.
Anti-censorship advocates, including Judge Gregory, have been wont to quote passages from the 2002 Ashcroft v. Free Speech Coalition decision regarding the unconstitutionality of banning virtual images, but these passages don’t prove what people think they do. In short, the quotes are being taken out of context–the Aschroft case dealt with a statute that banned virtual images regardless of whether they were obscene, a constitutional problem that current law arguably corrects.
There are equally substantive issues with Judge Gregory’s argument that obscenity communicated over the Internet should be regarded as personal, akin to private thoughts or matter read in one’s home, rather than connected to interstate commerce and thus a legitimate subject of federal law. This blog is not the place for an extensive analysis of Commerce Clause jurisprudence and the regulation of electronic communications, but suffice it to say that for Whorley to prevail on this point, the Supreme Court would essentially be nullifying precedent that provides the basis for much of Congress’s present legislative authority, let alone analogous principles that have enabled Congress to regulate obscenity sent by mail or through Customs.
Still, if people want to file appeals claiming that the Internet is intrinsically private or that images of fictional children cannot be obscene, that’s their right–it is, after all, a free country, at least in regard to the freedom to pay lawyers to make quixotic arguments.



Has this ever happened to you: You’re checking your email and find a somewhat cryptic message from an address like “dragonjedi264@aol.com”. It’s a two sentence message which states that the sender likes your art/writing, then propositions a collaboration on a project, which is “right up your alley”, on which he/she has done some preproduction. The message is punctuated only by a first name. Friends, in the age of the internet, the contact for collaboration has never been easier. However, just because it’s easy doesn’t mean it should be done without some careful thought or good sense. If you have received a message like the one described above, you know what I mean. If you have written such an email, take note and be encouraged! 1) GET AN ADDRESS THAT IS JUST YOUR NAME First thing you want to do when contacting a potential collaborator starts before you write word one of your email. It is important to get an email that is made of your name, initials, or some permutation there of. If your name is extremely common, then you can get creative, but most people shouldn’t have much problem. “kyle.latino” was already taken when I was signing up for gmail, so I had to go with “latino.kyle”. 2) GIVE MORE INFORMATION ABOUT YOURSELF What you want do really do with this email is establish some level of confidence that you are going to behave like a professional, even if this is just a webcomic project that will provide no money. Information should include: first and last name, age, state of residence, current occupation. There’s no need for any narrative, or message of hope about your project rescuing you from your job as a parking garage night guard. And if you are a high schooler, just say so, the only time age will certainly work against you is if you are dishonest about it. 3) INCLUDE SAMPLES OF YOUR WORK If you are a writer and want to get someone to draw a script for you, then include at least part of that script in an ATTACHMENT on the first email. If you are an artist trying to draw for someone in-particular (I don’t know how often this actually happens) then include LINKS to your sequential work, or online portfolio. Don’t make this person have to respond, “well, I’ll need to see a script first”. Just give him a little taste of your best work, and you’ve given it a good shot. 4) PROOF READ I know I’m the last person who should say anything about his, but just take a few minutes to read you email aloud to see if there are any mistakes. I am almost a criminally terrible reader/proofreader, but that doesn’t mean I don’t try. This first email is all about not looking like a moron, so be sure you’re not writing something that isn’t fit to be sent to Strong Bad.
OH and don’t forget about the





