Man Faces 20 Years in Prison for…Manga?

In this week’s Robot Punch! we’re going to cover a news story that’s a bit on the old side, but I think it’s of an issue that we all need to be aware of. This Monday, we’ll see the beginning of a trial that could not only have severe repercussions on the comic book industry, but also your First Amendment rights!

Iowa man, Christopher Handley, faces a possible 20 year prison sentence when he goes to trial this week over his possession of “obscene” manga. Handley had received a package of manga that he’d ordered from Japan in May 2006. The Postal Inspector intercepted the package and deemed its contents to be objectionable.

Without knowing that his package had been searched, Handley was followed home by the police. He was then arrested and the authorities confiscated seven home computers, over 1,200 volumes of manga, hundreds of DVDs, VHS tapes, and laserdiscs. He’s been charged with violation of the Protection Act, which prohibits the possession of sexually “obscene” material, including material that depicts sexual acts with minors.

It's called 'scotoma'--The mind sees what it wants to see.

What this case brings to light is that the government does not differentiate between an act that is real or simulated. In the example of child pornography, the law is exercised just as strictly if a photo of legal-aged individuals is made to appear to be of minors as it would if minors were actually involved. And where comic books and cartoons are concerned, the minors don’t necessarily need to even exist.

I want to assure you that I’m in no way in favor of pedophilia or any other kind of abusive, unhealthy sexual persuasions. However, I do support a person’s right to express their tastes in victimless ways, such as collecting or creating art. Further more, whatever might be seen as offensive is up to the tastes of the beholder. I personally don’t find yaoi (or gay male) comics offensive, even though it doesn’t suit my tastes. Apparently, this Postal Inspector did.

This story has also sent shivers down the spines of comic book publishers like Dark Horse, who is one of the top distributors of licensed manga in the United States. They may now be more hesitant to bring other foreign comics to North America for fear of being charged with illegal distribution themselves. Dark Horse’s manga editor, Carl Horn, recently discussed his views, emphasizing that if Christopher Handley loses this case, then we as a people will no longer hold the right to make decisions on quality for ourselves; someone else will make them for us.

The Comic Book Legal Defense Fund, an organization founded on protecting those in need against censorship, has signed on to provide Handley with legal support. Famed writer Neil Gaiman has also spoken out publicly in defense of Handley, as well as anyone else whose First Amendment rights are in danger. The CBLDF recently offered prints signed by Time and Mad magazine artist, Peter Kuper in order to raise funds for the case, which begins February 2.

If you’d like to learn more about this case (and others like it), you can read the full press release on the CBLDF homepage.