(Re-posted here in this blog due to popular demand by blog readers. Originally posted at: http://avt777.blogspot.com/2011/04/comedy-and-free-speech-or-kiddie-porn.html )
April 13th, 2011
The Youtube comedian/jokester, Evan Emory, who edited his video to make it appear he was singing a sexually-suggestive song to a group of young school children agreed to a plea bargain whereby he will serve a sentence of a sixty day jail-term (among other things). The said individual pleaded ‘no contest’ to "unlawful posting of an Internet message with aggravating circumstances” – according to the Village Voice. Apparently the young man/comic agreed to the plea bargain to avoid any possibility of a conviction of "manufacturing child pornography."
Clearly, the young man and video jokester didn’t think his joke through to any possible conclusion – especially how the video might be perceived/received by any of the young children’s parents, let alone how it might be perceived by a prosecutor or judge. If my child had been highlighted in the video, I also probably would have been perturbed. Nevertheless, in this day and age, it would seem nearly anyone would agree to spend a month [or so] in jail [to appease any upset parents or bureaucrats] before they would risk being labeled and nationally listed as a ‘sex offender’ – assuming they ever wanted another job.
What is of issue here, in my opinion, is this matter highlights how the plea bargain process seems improper. Maybe this matter should have been heard to clarify what speech is illegal and what is not – regardless of what is improper or in poor taste or what jokes of what subject should be avoided. Of course, such a hearing/trial would have meant a considerable increase in workload for all the legal entities and personnel involved.
Then again, what probably prevented this matter from being heard is the apparent and often improper nature of mandatory type of sentencing, particularly so concerning any national blacklists – such as any National Bad Drivers List, No-Fly List (unless the individual is a verified terrorist) and dare I say it, any sex-offenders list (because it can apparently blacklist for life any such simplistic comedian-wanna-be, for one example).
It would seem mandatory sentencing or labeling should only apply to violent criminals, in my opinion, if at all. Sentencing guidelines would appear as a better alternative. It would seem that any honest and competent judge could distinguish those that should be removed from society and incarcerated and those for whom such a sentence of incarceration may not be warranted. However, of course, not all judges are fair, honest, and competent – as history has shown us time and time again throughout the land.
I mean, regardless of all else, maybe this matter should have been heard/tried to clarify what is Free speech and what is not. Such a clarification appears as necessary for some, obviously. This Youtube comedian was not intending to make child pornography, in my opinion, he was merely attempting to make a [poor or improper] joke. However, any mandatory sentencing and blacklisting of this Youtube comedian likely also would have been improper. (Be aware, I don’t know the individual personally.)
As a result of no clarification of legal speech in this matter, would any viewer of the joke Youtube video also be guilty of watching child pornography? Are/Were any news/media outlets then providing child pornography by allowing anyone to view the video on their websites or broadcasts? Was Youtube guilty of posting child pornography when it allowed the posting of this video to its massive website?
As with any legal ambiguity, by this plea bargain, Freedom of Speech has essentially been weakened as to what Free Speech is legal or illegal – again, as such a clarification appears as necessary for some and, in the end, such a legal clarification could help all. Is the Village Voice breaking the Law by providing the video for viewing – which it chose not to do by the link below? I don’t profess to have or know the answer for dealing with pedophiles and I wish such individuals were not ever among the free and decent peoples of the world, of course. However, when one is talking about Freedom of Speech without any violent intentions, well…. Maybe, at a minimum, our tax dollars would be better spent by not putting misguided and simple-minded comedians in jail for jokes – regardless of the inappropriate nature of the joke.
AVT
See:
YouTube Kid Gets 60 Days in Jail For Sex Joke Song
By Joe Coscarelli, Wed., Apr. 13 2011 @ 5:13PM
http://blogs.villagevoice.com/runninscared/2011/04/youtube_kid_jail_child_porn_joke_song.php
On the other hand, for reference on my position on such matters, I have also previously posted:
Should We Execute Violent Sex Offenders Regardless of the Degree of Murder? Body of Missing Female High School Student is Recovered
http://avt777.blogspot.com/2010/03/should-we-execute-violent-sex-offenders.html
Also posted at:
http://avt777.blogspot.com/2011/04/comedy-and-free-speech-or-kiddie-porn.html
