• May 27, 2012

‘Child Pornography’ Now Just Excuse To Prosecute Any Kind of Speech

by Jack Stuef  11:45 am March 8, 2011

'Genius move, bros.'A 21-year-old man from Muskegon, Michigan, who, like every young person in Michigan, is unable to find work, decided to spend his spare time making a comedy YouTube video. He filmed himself singing regular, kid-geared songs to a group of children and then recut it so it looked like he was singing them a dirty song. So, you know, the kind of stuff people commonly do when they are trying to make funny videos involving children and don’t want to harm them in any way! But a few parents, the cornerstone of news sensationalism and the over-protectedness industry and, apparently, American law, complained. So a prosecutor charged this guy with creating child pornography, because why not? People love reading stories about people being charged with child pornography!

Why stop there? Charge him with arson and money laundering and drug possession too! And, ooooh, murder! Murder is a good one! HE’S GUILTY OF ALL OF THEM, OBVIOUSLY.

Tony Tague, the Muskegon County prosecutor, stands firmly in the first camp: He charged Mr. Emory with manufacturing and distributing child pornography, a crime that carries a penalty of up to 20 years in prison and 25 years on the sex offender registry.

Sure! Never mind that no children were naked and/or having sex with one another! Let’s just charge him with this and ruin his life, because we don’t like him. You know, democracy and the rule of law!

“Does 20 years fit the crime? No,” said Dan Peebles, one of the parents. But, he added, “Would I care if he got 20 years? No.”

This is disgusting. It used to be that society didn’t care whether the law was applied fairly to black people. Now people care so little about their fellow citizens that it doesn’t concern them whether or not the law is applied fairly to anyone they don’t actively like. “That kid did something mildly annoying I will forget about in a week? Yeah, give him the death penalty.”

We can finally end this centuries-long struggle to get rid of free speech, because hard-working prosecutors have found the perfect loophole in the First Amendment. Hooray! Let’s charge everyone with child pornography and throw them in jail forever. And hopefully the other people in jail will rape them in the ass! Rape is great. [NYT]

{ 118 comments }

HalluxValgus March 8, 2011 at 11:49 am

Sure hope that prosecutor doesn't get a hold of this video: http://www.youtube.com/watch?v=cds7lSHawAw

KILL HIM!

nounverb911 March 8, 2011 at 11:49 am

“Does 20 years fit the crime? No,”
Jail is the new Social Security.

Maman March 8, 2011 at 11:55 am

Three hots and a cot… you're set for life

OC_Surf_Serf March 8, 2011 at 12:06 pm

Or 2 rich Kochs

OneDollarJuana March 8, 2011 at 12:41 pm

"Two Kochs and a Cot". Sounds like a porno.

Wait, wait, I was just joking! Stop cuffing me! Don't tase me bro!

Doktor Avalanche March 8, 2011 at 12:01 pm

Except once working stiffs start to feel entitled to lengthy prison terms they'll be slashed by conservatives (not to mention other prisoners!).

Sophist[ArsPunetica] March 8, 2011 at 12:19 pm

That's because prison is SOSHAMALISM! And it's all the fault of those greedy, greedy prisoners. We need to take away the prisoners union's collective bargaining rights to balance the budget. If you want to be sodomized in a dingy little room you should pay for it yourself, instead of foisting it off on the taxpayer. Unless you're a republican senator.

WhatTheHeck March 8, 2011 at 12:21 pm

I know I'm slow, but you are saying that when we reach retirement age, we should make an annoying video, get charged with a crime and then let the govermint take care of us in jail for the rest of our worthless lives?

Genius.

problemwithcaring March 8, 2011 at 2:51 pm

Isn't it funny how not providing inmates with adequate medical care is considered "cruel and unusual punishment" by the SCOTUS, but not providing not-yet-jailed citizens with adequate medical care is good conservative values?

DaRooster March 8, 2011 at 2:58 pm

That's not funny… AT ALL! How can you say such a thing is funny when it seems like that's what is happening and it isn't fair.

Oh, you mean, like funny ironic not funny ha ha… OK then, yes.

freakishlywrong March 8, 2011 at 11:50 am

Wait till they catch Pedobear. No more Pic-a-nic baskets for him.

Terry March 8, 2011 at 11:50 am

This is Michigan. Recall that until recently one of the deputy State's Attorneys was a fundy guy who was defaming and harassing a gay student at UMich that he'd never met.

OneDollarJuana March 8, 2011 at 12:48 pm

This is Michigan. Recall that in 1999 a man was arrested for swearing. Fortunately, he eventually got off, but at great expense to him.

OC_Surf_Serf March 8, 2011 at 11:51 am

Shit, ask ACORN about selective editing…

Doktor Avalanche March 8, 2011 at 12:04 pm

Wait, now selectively edited kiddie porn video from ACORN has surfaced? Does Breitbart know about this yet?!?

Crank_Tango March 8, 2011 at 11:52 am

Kid's lucky he isn't in gitmo. I mean being from michigan he is prolly muslin anyway. So he is lucky he will only get 25 years instead of infinity years. Lucky bastard.

OneDollarJuana March 8, 2011 at 12:42 pm

And a union member. Put him away for life!

Gratuitous World March 8, 2011 at 11:52 am

i've been working in this one-pedobear town the last few months. No wonder I can't find any live music.

DashboardBuddha March 8, 2011 at 11:52 am

This country is getting more and more fucked by the moment.

Tundra Grifter March 8, 2011 at 12:57 pm

DBB: Did I read a comment of yours over at News Hounds?

DashboardBuddha March 8, 2011 at 1:52 pm

No sire…but thanks for the tip.

Crank_Tango March 8, 2011 at 11:52 am

Also, "Dan Peebles" sure sounds like a child pornstar name, doesn't it?

Gratuitous World March 8, 2011 at 11:54 am

that comment just got you 5 to 10

freakishlywrong March 8, 2011 at 12:00 pm

♪♪Makin' Tennessee Plates♫

jus_wonderin March 8, 2011 at 11:52 am

Is this that Sharia Law I have been hearing about (or was she on last nights Law & Order rerun)?

Oblios_Cap March 8, 2011 at 11:54 am

Sure! Never mind that no children were naked and/or having sex with one another! Let’s just charge him with this and ruin his life…And hopefully the other people in jail will rape them in the ass! Rape is great.

Well played, Jack. Now you've managed to finagle a porn charge against yourself.

Let's see what Mr. Pebbles (oh.. wait til Bam-Bam finds out!) thinks about this:

“Does 20 years fit the crime? No,” said Dan Peebles. But, he added, “Would I care if he got 20 years? No.”

Maman March 8, 2011 at 11:54 am

You can prosecute to the fullest extent of the law to "protect" the children…. Michigan is DuH, WINNING!

OneDollarJuana March 8, 2011 at 11:54 am

Should Dan Peebles be assaulted by a drunken bum who overreacted to a disparaging comment by Peebles, maimed and disabled, forced to lose his job due to his disabilities, unable to purchase medical care because the Republicans he voted into office discontinued programs for the jobless and poor? No. Would I care if this happened? No.

OC_Surf_Serf March 8, 2011 at 11:54 am

Playing tricks with the editing would put the staff of AFV in prison… and really only Bob Saget deserves to be there…

jus_wonderin March 8, 2011 at 11:57 am

If I have to endure another crotch punch I don't know what I will do. Oh, what is AFV?

Crank_Tango March 8, 2011 at 12:04 pm

god, if editing videos to make it look like a crime occured is a crime, um, where are the indictments for lightfart and o'Kweefe?

SorosBot March 8, 2011 at 12:07 pm

Arrest the editors of all the CSIs and Law & Orders!

harry_palmer March 8, 2011 at 11:54 am

With parents and local authorities like this shaping their destinies, technically the kids really are fucked.

Oblios_Cap March 8, 2011 at 11:57 am

That's what they get for listening to Mr. Enema and Snoopy Snoopy Poop Dog!

freakishlywrong March 8, 2011 at 12:02 pm

That's why they wear them baggy ass pants.

tcaalaw March 8, 2011 at 3:35 pm

Metaphorically speaking, of course.

prommie March 8, 2011 at 11:55 am

Won't somebody think of the children? And our troops, fightin' for our liberties, and my precious little angel Trig!

Beetagger March 8, 2011 at 12:33 pm

Trig's got a purdy mouth…

MinAgain March 8, 2011 at 11:55 am

Well, that certainly puts the kibosh on my home-made video of my nephew as Captain Underpants.

baconzgood March 8, 2011 at 11:56 am

So Westerbone-head Church telling parents of dead soldiers that thier childs life was taken because of this countries tolerance of homosexuality=acceptable and non punishable. Snarky tounge in cheek humor= 20 years in maximum security….

I'm no longer going to post on this web site.

Tommmcatt March 8, 2011 at 2:53 pm

Why not? They have us all slated for life sentences anyway, at this point. Think of it as a lame-duck commenting session before they round us all up for Sheriff Joe!

SorosBot March 8, 2011 at 11:56 am

What the fuck is wrong with Michigan? Cretins, even if he had sung the sexually explicit lyrics to the kids that would not be a crime in any sense whatsoever. And they're equating it with pornography? Every one of you evil authoritarians who think this prosecution is OK, please go fuck yourselves.

MarshallBanana March 8, 2011 at 12:20 pm

Well, I could see him being hit with "contributing to the delinquency of a juvenile" or some such thing if he actually sang the songs to them… but that doesn't change the fact that pinning "child pornography" on this guy is downright awful, stupid, and draconian.

BerkeleyBear March 8, 2011 at 2:14 pm

Simply exposing their precious ears to profanity wouldn't rate contributing to deliquency to my way of thinking – that's normally for stuff like buying minors things they aren't allowed to have (booze, liqour, whores (unless, of course, you are a Kennedy)).

Some states/counties do have anti-profanity laws, but those are infractions at worst and highly suspect on First Amendment grounds.

GuyClinch March 8, 2011 at 11:57 am

So this sounds like a chump who made a video that probably isn't funny and is probably kind of creepy, but I can't see how any conviction for this could possibly stand in the end, after appeals. Whatever the video is like, it can't be as vile as the Westboro Baptist fuckers, and as SCOTUS correctly decided, they have the right to be that vile.

Redhead March 8, 2011 at 12:39 pm

I'm really trying to understand the child porn charge. In the video, it looks like everyone is fully clothed and he's singing a dirty song, right? So whether it's edited or not, wouldn't that be contributing to the delinquency of a minor/exposing a minor to pornography (or however that's worded)? That's a separate charge from producing child pornography – and even that seems like a stretch.

Not that many people these days seem to have much grasp of the law, or respect for it.

BerkeleyBear March 8, 2011 at 2:29 pm

Pornography, by definition, requires an explicit depiction or description of sex. Child pornography requires the parcticipants depicted in the sex act to be minors (not just described as or written as minors). So this doesn't fit at all. This guy's confusing obscenity with pornography and calling it kiddiy porn because a child is near it. But this is also the batshit crazy bible thumping part of the Wolverine state, so go figure.

The closest thing to being able to charge someone for kiddy porn where the kids stay clothed I could think of would be if you had children in the shot with the sex act. Even then most prosecutors would go after you for child endangerment/unfit parenting and indecency violations, rather than kiddy porn, unless the child is, clearly the object of desire or actually participating in the sex act in some way rather than, say, being depicted as sleeping in the room while the adults are trying to have sexytime.

problemwithcaring March 8, 2011 at 2:55 pm

Maybe after he cut it, it appeared as if he was giving explicit description of sex to children?

(Playing devil's advocate here – I think the entire thing is stupid as hell.)

BerkeleyBear March 8, 2011 at 3:35 pm

Even reading it to kids shouldn't count unless its something like the Lesson of O or some shit. Even then I don't know how that's kiddy porn instead of some bizarro form of indecency.

Redhead March 8, 2011 at 4:48 pm

That's kind of the point I was trying to make, though. Even if he was singing them a how-to guide, it wouldn't be child pornography. There's some charge here, I forget the exact name, that's basically exposing children to pornography. If the song were graphic enough, it could fall under that, though that would be a stretch. But that's the closest thing I can think of – it CERTAINLY isn't child pornography.

Monsieur_Grumpe March 8, 2011 at 11:58 am

People lacking a sense of humor should not be put in any position of authority.

Tommmcatt March 8, 2011 at 2:54 pm

Tell that to Antonin Scalia.

BlueMonkeh March 8, 2011 at 11:59 am

Jeezus Kriste.

Good to know that Michigan has no other real crime to worry about, though.

prommie March 8, 2011 at 11:59 am

Dude lost his job at Applebies, too, thats the real tragedy here.

Crank_Tango March 8, 2011 at 12:06 pm

Applebee's is still in business–now THAT is the real tragedy.

GunTotingProgressive March 8, 2011 at 12:23 pm

True, but you should have SEEN his flair…

baconzgood March 8, 2011 at 12:26 pm

(insert swing line stapler joke here)

GuanoFaucet March 8, 2011 at 11:59 am

He should just say he can't recall whether he made the videos. That strategy worked for Gonzalez when he testified before congress.

widestanceroman March 8, 2011 at 12:03 pm

Yes, he simply 'misedited.'

glamourdammerung March 8, 2011 at 12:00 pm

Teatards that make their children stand around with signs about how the government is "raping" them and cretins that selectively edit video for gags about child sex trafficking should pray this gets laughed out of the court as it should be.

Lascauxcaveman March 8, 2011 at 12:00 pm

Whoops! Better go back and un-teach my kids all those sea chanties and bawdy drinking songs I sang to them when they were toddlers.

Best hide that book of Shakespearean sonnets, too. I noticed my 11-year-old pawing her way through that recently.

BerkeleyBear March 8, 2011 at 3:43 pm

Whatever you do, get Chaucer out of your library. Sure, the Canterbury tales are a classic of Western literature, but we can't have kids learning about sex, rape, adultery, mooning, or getting pegged with a red hot poker, for God's sake.

OC_Surf_Serf March 8, 2011 at 12:02 pm

"Mischievous Muskegon, Michigan Man Manipulates Media, Makes Masturbation Movie, Many Miffed"

Oblios_Cap March 8, 2011 at 12:07 pm

I absolutely adore your awesome alliterative abilities.

chickensmack March 8, 2011 at 12:04 pm

It's all to protect your children, America. In a similar idiom, at this moment, I bet Clarence Thomas is working to protect free speech, too, by figuring out how to martyr his old fuck-buddy.

Barbara_i March 8, 2011 at 12:07 pm

This child pornography story has been brought to you by the letter Oh!

Sophist[ArsPunetica] March 8, 2011 at 12:32 pm

And by the number sixty-n…nah, too easy.

mavenmaven March 8, 2011 at 12:07 pm

BURN HIM! BURN HIM! BURN HIM!

The_Great_Gazoo March 8, 2011 at 12:08 pm

Can't find the video, but it does not seem like anything that would give your average pervert much of a chub to rub. Back to "Boy Meets World" guys.

Come here a minute March 8, 2011 at 12:08 pm

Raffi better get himself a good lawyer.

LionelHutzEsq March 8, 2011 at 12:09 pm

Surely John Ashcroft sang to children. When is someone going to prosecute that crime against humanity?

Doktor Avalanche March 8, 2011 at 12:10 pm

I remember the days when and young pimp could edit his video any way he wanted. Now these rat fuckers are doing everything they can to keep a natural-born (metaphorical) brother down.

SorosBot March 8, 2011 at 12:10 pm

If this idiot DA's version of the law was correct, a shitload of movies would be classified as child pornography; for a start he'd probably arrest the makers of Kick-Ass for having a little girl who uses words like fuck and cunt while she's chopping people into bits.

Fukui_sanYesOta March 8, 2011 at 12:17 pm

Or MTV for "Warren the Ape", specifically Ep 103

"Warren takes a group of school kids on an unsanctioned field trip of life that includes back alley drug deals and strippers."

Now admittedly this kid is a douchenozzle, but child porn? Come on.

DashboardBuddha March 8, 2011 at 12:29 pm

Or Brazil:

"Holly: Put it on, big boy. I won't look at your willy. "

GOPCrusher March 8, 2011 at 2:40 pm

They should just go ahead and arrest the makers of Kick-Ass, just because. And Nicholas Cage, consider any good will that you had built up from Raising Arizona, gone.

donner_froh March 8, 2011 at 12:11 pm

This is child pornography but when Sarah Palin waves her little retarded kid around for photo ops it shows she is just a regular Amerikan mom.

SorosBot March 8, 2011 at 12:16 pm

Does Dan Peebles deserve to be ass-raped with a baseball bat? No. Would I care if was ass-raped with a baseball bat? No.

ttommyunger March 8, 2011 at 12:16 pm

Formula for success in American Politics: Pick the low-hanging "fruit", appeal to the basest instincts of your citizenry, stay away from real solutions to real problems; that can get sticky.

Not_So_Much March 8, 2011 at 12:20 pm

Is this guy an unemployed teacher? Double jeopardy and the chair!!

chickensmack March 8, 2011 at 12:20 pm

I'd say this dude executed bad judgment at worst. I was a defensive parent who once asked a photographer for press credentials, so I understand why they could be angry.

But, a) he didn't do the original capture/imagery. b) The Supreme Court has already stated that "fair use" applies to sampling other records, for re-release in new material.

and c) this will not be the last time this happens. Get ready for a torrent of people who will go to prison our manufacturing sector, now that the gummint is back in the art criticism business.

MinAgain March 8, 2011 at 12:59 pm

He's an asshole, for sure, but that's still legal in this country.

At least, it was the last time I checked.

fuflans March 8, 2011 at 12:23 pm

what? corporations have the right to speak freely and no corporations have been harmed here. what's the big fucking deal?

Chillwaver March 8, 2011 at 12:28 pm

If you wanna protect children against predators, then prosecute pastors, priests, etc, not some smart-ass kid posting a retarded video on YouTube.

owhatever March 8, 2011 at 12:29 pm

I love children. Not in that way,of course. But little tykes playing between my knees, no, I can't say that, uh, little boys on their knees, playing fireman with hoses, no. Damn. Tiny balarinas in tights, no. This is hard. No, not that way. I give up. No more lyrics. 20 years and damn freedom of speechiness. Great green gobs of greasy grimy gopher guts…

LabRodent March 8, 2011 at 12:29 pm

Where we always this stupid or is this like something new.
Like pajama jeans.

hagajim March 8, 2011 at 12:34 pm

I don't know quite why we're protecting the children…they're already so fucked.

GhostBuggy March 8, 2011 at 12:34 pm

As a native son, I've said this before and will again: Michigan is the south of the north. Not really related to this issue. I just like pointing it out.

Sophist[ArsPunetica] March 8, 2011 at 12:37 pm

Get Free E-mail Alerts on These Topics

* Child Pornography
* Recordings and Downloads (Video)
* Children and Youth
* YouTube.com

Nice try, New York Times–or should I say FBI crimes-against-children taskforce?–but I'm not falling for it.

MistaEko March 8, 2011 at 12:39 pm

DA: "You know what we need to do!?"
Crowd: "What?"
DA: "We need to assemble a crack team of specialists to enforce Civil Code B.237 to ensure our local funding dollars have been spent in a justifiable manner!"
Crowd: ….
DA: "I mean we need to hang the child molesters!"
Crowd: "YEAAAA!"

This is just the next step in prosecutor attention seeking through the pedo meme. Two years ago they were trying it against employed teachers. http://www.wired.com/threatlevel/2009/04/sexting-...

Steverino247 March 8, 2011 at 12:43 pm

It's almost as if our troops brought back the Stupid Virus from the South when the civil war was over.

OneDollarJuana March 8, 2011 at 12:51 pm

Sounds reasonable. Some cancers are caused by viruses. Some obesity is caused by viruses. Viruses are even implicated in furthering evolution, transferring genes between species. Why not the stoopid? It's the Southern Strategy.

prommie March 8, 2011 at 12:58 pm

Ya'll, if this is alarming, you should be aware that the United States Supreme Court has already upheld the conviction of a man for keeping a diary in which he wrote his sexual fantasies about having sex with children. On paper, for his own consumption, with no publication, internet or otherwise. Because you see, that was a written work which graphically portrayed minors doing sexytime things, and thats child pron.

Gotta give old "velvet coffeebean" sexclub-threesome Thomas some credit for not being a hypocrite, he usually votes in favor of porn rights, anyway.

Corrugated Palin March 8, 2011 at 1:45 pm

If I remember correctly, that was because of a probation agreement that was violated by those writings. While one could certainly argue that it was a questionable provision of the agreement (seems that they may have provided a sort of catharsis, although I don't exactly have any degrees related to mental health), it's still not exceptionally fucked up. It's just more generic "burn the world down and start over" background noise.

Hatrabbit March 8, 2011 at 12:59 pm

What's scarier than a Police State? A Fundamentalist Retard state.

gurukalehuru March 8, 2011 at 12:59 pm

Should Dan Peebles be struck by lightning? No. Would I care if he were? No.

randcoolcatdaddy March 8, 2011 at 1:00 pm

This has been going on right under our noses for years!
http://itunes.apple.com/us/album/i-eat-kids-other...

Allmighty_Manos March 8, 2011 at 1:06 pm

Kids didn't even hear the song. Geez, good thing Peter Graves isn't alive, or they would have to arrest him for molesting that kid in "Airplane."

Weenus299 March 8, 2011 at 1:27 pm

This means Seth McFarlane can be arrested because Peter Griffin sang the song "Buttsecks" to Chris Griffin and company.

__kth__ March 8, 2011 at 1:30 pm

Given such a flagrant prosecutorial abuse of a basic civil liberty, we can all rest certain that the libertarian Koch brothers will fight this with all of the money and power at their disposal. Right?

BarackMyWorld March 8, 2011 at 1:34 pm

Nobody let this D.A. know about "Wonder Showzen".

chascates March 8, 2011 at 1:36 pm

Children must be protected from this sort of evil. But not given any government aid for medical care, proper education, etc.

Pop_Socket March 8, 2011 at 1:44 pm

The 'kids' he was virtually anal raping with his edited song were really bored high schoolers.

Gorillionaire March 8, 2011 at 1:52 pm

Next, the RIAA will contact everyone that saw this video and demand a nickel.

buford2k10 March 8, 2011 at 1:52 pm

Maybe this is a stupid question…but here goes. When are WE, going to stop allowing the so-called Christian agenda being shoved down our throats?
My gag reflex just kick in.

LiveToServeYa March 8, 2011 at 1:54 pm

Have we, at long last, no clue?

sportshort March 8, 2011 at 2:21 pm

"Every one's a suspect/ and everything's a crime/ But if you stay in lockstep/ Everything will be just fine…"
—Looking Out For You

GuyClinch March 8, 2011 at 2:38 pm

Good points, all. Saw the House episode. Always loved Hugh Laurie since his days with Stephen Fry. If you've never seen their old sketch show, search their names on youtube.

BerkeleyBear March 8, 2011 at 3:38 pm

Laurie is such a funny guy in so many other things that sometimes his House persona is hard to buy. Last night's episode with multiple dream sequences and at one point him in top coat and tails totally showed off that side of him.

jim89048 March 8, 2011 at 5:37 pm

Might've been a good showcase for Laurie, but I saw it as the death knell for the show, a true jump-the-shark episode.

mrblifil March 8, 2011 at 2:55 pm

Meanwhile if Cheney had been caught throat-fucking a nine-year old, her entire fourth grade class would have been required to send hand produced valentines. What's the fun in having power if you can't use it to sew misery and destruction?

trondant March 8, 2011 at 4:05 pm

Her?

problemwithcaring March 8, 2011 at 2:59 pm

Wait, so if this guy is getting arrested for child porn, what is the charge for this kid's parents?

WordSaladNation March 8, 2011 at 8:41 pm

Mario van Peebles, how far you have fallen.

Negropolis March 9, 2011 at 1:50 am

Muskegon County, minus Muskegon – which is actually quite a culturally diverse city on the lake -, sits in what is basically one of the most religious parts of the Great Lakes, populated by a bunch of provincial, introverted, and cold Dutchmen. This doesn't at all surprise me. The "Dutch Mafia" basically runs West Michigan.

benjo765 March 9, 2011 at 5:40 pm

Well when a child is at risk, or a child may be at risk, or someone who knows a child may be at risk of getting pissed off, then that person may be at risk of putting the child at risk.

Throw the book at him you suburban morons!

…. for The Children's sake.

BZ1 April 14, 2011 at 8:08 pm

20 years for a stupid prank, what does W get?

problemwithcaring March 8, 2011 at 4:54 pm

Gotcha. Thanks.

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