• Appeals Court Protects Sex Offender's Constitutional Right to Look at Boobs

    Here is one of those times when a victory for the First Amendment also makes us free-speechers feel a little gross inside. According to AP/Reuters via the NY Times

    A convicted sex offender can possess material depicting nudity upon his release from prison after the 8th U.S. Circuit Court of Appeals upheld part of an appeal of his sentence.

    Now, let's be specific. He cannot possess CHILD PORNOGRAPHY. But he can have images that depict naked persons…

    The district court had said [Jerry Lynn] Simons must adhere to 20 conditions upon his release. But the Appeals Court threw out the nude-picture clause Wednesday, saying it would deny Simons the ability to view a biology textbook or buy works of art depicting nudity.

    No legitimate evidence suggests that gazing at images of human nudity leads one to commit sex crimes. The censorship crowd gets hysterical over this stuff and will undoubtedly spin it as "PORN FINE FOR RAPIST, ACTIVIST JUDGE SEZ."

    Let's instead ask ourselves why someone with a "history of sex crimes in Oklahoma and Kansas" is permitted to walk the streets. The statistics for recidivism among sex offenders are rather difficult to analyze, as many folks seem to have differing definitions of recidivism. (Does it count statistically if it goes unreported? How can we determine how many post-release sex crimes occur if they go unreported? If a tree falls in the forest, are sex offenders still total wastes of human life?)

    In a world where DNA testing can and does exonerate wrongly accused criminals, and where witnesses sometimes change their stories, it would be foolish to advocate a "Lock the jail cell and throw away the key" approach to anyone accused of a sex crime. That shit is witch-hunty, and innocent people's lives are ruined by false accusations.

    However, I do kind of wish Jerry Lynn Simons were locked up somewhere far from any unarmed humans, given to live out his days being forced to watch reruns of a single episode of Empty Nest over and over until he croaks.


    Tags: Bill of Rights, Constitution, Kansas, Oklahoma, Porn

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