NowThatsFuckedUp Webmaster About to lose his bail? - GoFuckYourself.com

Monique Niccole · 11-30-2005, 11:58 AM

I don't know if this has been posted yet, but it seems that Polk County prosecutors are trying to revoke Chris Wilson's bail since he's still operating his site.

http://www.theledger.com/apps/pbcs.d...RSS&source=RSS

Net Porn Owner Could Lose Bail
Judge may send Christopher Wilson back to jail because adult site persists.

By Dana Willhoit
The Ledger

BARTOW -- Prosecutors are asking a judge to revoke bail for Christoper Wilson because his adult pornography Web site continues to operate.

Wilson is required to "refrain from criminal activity" while out on bail and his Web site is illegal, the State Attorney's Office alleges in court documents filed this week.

Prosecutor Brad Copley is asking Circuit Judge J. Dale Durrance to send Wilson back to jail, and a hearing has been set for Dec. 16.

After Wilson's Oct. 7 arrest on 301 obscenity charges, Wilson moved out of Polk County, according to his lawyer, Lawrence Walters.

Wilson's parents paid $30,000 to a bail bondsman and agreed to be liable for his $151,000 bail to get Wilson out of jail Oct. 12.

His Web site, hosted by a server in Amsterdam, has remained in operation since then and was still operating Tuesday night.

Copley maintains that by continuing to operate the Web site and by allowing new images to be downloaded, Wilson is breaking the law.

"Since the defendant's release from jail on pre-trial release on Oct. 12, 2005, he has committed new crimes involving Wholesale Promotion of Obscene Materials and Distribution or Transmission of Obscene materials, utilizing new and different photographs," When Wilson was arrested Oct. 7, Copley said that even though the Web site was hosted outside the United States, the fact that Wilson lived in Polk County while running the Web site meant that he is subject to Polk County's interpretation of obscenity laws.

Although Wilson no longer lives in Polk County, the State Attorney's Office thinks that running that Web site is illegal and therefore Wilson is violating his bail conditions, according to Chip Thulberry, the state attorney's spokesman in Polk County.

But Wilson's lawyer said there has been no legal determination that the Web site is illegal.

"We're putting the cart before the horse here by trying to revoke his bond for continuing to do something that hasn't been proved to be illegal," Walters said. "Adult materials are presumed to be protected by the First Amendment until a jury determines that they're obscene."

"Asking that his bond be revoked for activity that's occurring when he doesn't live in Polk County any more is somewhat unusual," Walters added. "My law office has never seen anything like it in an obscenity case."

Howard Simon, executive director of the American Civil Liberties Union in Florida, said his organization might get involved in the case.

"I must have missed where they (Brad Copley and Polk County Sheriff Grady Judd) were elected to be worldwide censors," he said.

Simon said that Polk County has no right to prosecute what someone in another county does, and what people all over the world view on the Internet.

"What right do they have to decide what people who live in Berlin and London and Hong Kong and New York access in the privacy of their own homes?" he said.

If Wilson's bail is revoked, he said, "That would trigger the concern and involvement of us and everyone else who has worked to keep the Internet open and available as a system of free expression."

Wilson's Web site features nude pictures and video clips sent in by Web site members. For the past eight or nine months it has offered soldiers serving overseas free access in exchange for pictures proving they were serving in Iraq or Afghanistan. Many of the pictures were gory, and featured sarcastic comments underneath. The site has generated worldwide controversy.

MattO · 11-30-2005, 12:02 PM

If Polk country actually revokes his bail, and thus gets the ACLU and others involved, then that might actually be a good thing for Chris. Just makes Polk county look that much more crazy/zealous.

JFK · 11-30-2005, 12:04 PM

"I must have missed where they (Brad Copley and Polk County Sheriff Grady Judd) were elected to be worldwide censors," he said.

Simon said that Polk County has no right to prosecute what someone in another county does, and what people all over the world view on the Internet

agreed , what a bunch of fucking idiots

Hornydog4cooter · 11-30-2005, 12:15 PM

Damn you polk county guys better be careful over there

SmokeyTheBear · 11-30-2005, 12:16 PM

Quote:

Originally Posted by MattO

If Polk country actually revokes his bail, and thus gets the ACLU and others involved, then that might actually be a good thing for Chris. Just makes Polk county look that much more crazy/zealous.

crockett · 11-30-2005, 12:17 PM

Quote:

Originally Posted by MattO

If Polk country actually revokes his bail, and thus gets the ACLU and others involved, then that might actually be a good thing for Chris. Just makes Polk county look that much more crazy/zealous.

The GFY lawyer in me tends to agree.. I think everyone knows this was more about censoring unpopular speech about the war in Iraq.. rather than obscene porn.

IMO if he has to stop the porn on the site, he should turn it into a big anti war site and fight fire with fire.

Monique Niccole · 11-30-2005, 12:18 PM

Quote:

Originally Posted by MattO

If Polk country actually revokes his bail, and thus gets the ACLU and others involved, then that might actually be a good thing for Chris. Just makes Polk county look that much more crazy/zealous.

Agreed. But I would hate to see him have to sit through this whole thing in jail.

seeric · 11-30-2005, 12:18 PM

they follow the money. whoever the owner of the company is and whereever they have registered the business is the laws that they are enforcing. he must have his business registered to operate out of polk county. if so, they can go after him all they want. doesn't matter where the servers are. i did extensive research on this and had talks with 3 of the biggest first ammendment lawyers in this biz when i worked for another company not too long back.

i don't know all the details of this guys issues, but if he has a biz registered in that county they can prosecute him for obscenity. that doesn't mean that any of it will hold up. hopefully it will set some kind of case precedent that could end up protecting other companies and deter prosecutions of obscenity http://www.gfy.com/images/smilies/2twocents.gif

11-30-2005, 11:58 AM	#1
Monique Niccole Confirmed User Industry Role: Join Date: Nov 2002 Location: San Francisco Posts: 5,653	NowThatsFuckedUp Webmaster About to lose his bail? I don't know if this has been posted yet, but it seems that Polk County prosecutors are trying to revoke Chris Wilson's bail since he's still operating his site. http://www.theledger.com/apps/pbcs.d...RSS&source=RSS Net Porn Owner Could Lose Bail Judge may send Christopher Wilson back to jail because adult site persists. By Dana Willhoit The Ledger BARTOW -- Prosecutors are asking a judge to revoke bail for Christoper Wilson because his adult pornography Web site continues to operate. Wilson is required to "refrain from criminal activity" while out on bail and his Web site is illegal, the State Attorney's Office alleges in court documents filed this week. Prosecutor Brad Copley is asking Circuit Judge J. Dale Durrance to send Wilson back to jail, and a hearing has been set for Dec. 16. After Wilson's Oct. 7 arrest on 301 obscenity charges, Wilson moved out of Polk County, according to his lawyer, Lawrence Walters. Wilson's parents paid $30,000 to a bail bondsman and agreed to be liable for his $151,000 bail to get Wilson out of jail Oct. 12. His Web site, hosted by a server in Amsterdam, has remained in operation since then and was still operating Tuesday night. Copley maintains that by continuing to operate the Web site and by allowing new images to be downloaded, Wilson is breaking the law. "Since the defendant's release from jail on pre-trial release on Oct. 12, 2005, he has committed new crimes involving Wholesale Promotion of Obscene Materials and Distribution or Transmission of Obscene materials, utilizing new and different photographs," When Wilson was arrested Oct. 7, Copley said that even though the Web site was hosted outside the United States, the fact that Wilson lived in Polk County while running the Web site meant that he is subject to Polk County's interpretation of obscenity laws. Although Wilson no longer lives in Polk County, the State Attorney's Office thinks that running that Web site is illegal and therefore Wilson is violating his bail conditions, according to Chip Thulberry, the state attorney's spokesman in Polk County. But Wilson's lawyer said there has been no legal determination that the Web site is illegal. "We're putting the cart before the horse here by trying to revoke his bond for continuing to do something that hasn't been proved to be illegal," Walters said. "Adult materials are presumed to be protected by the First Amendment until a jury determines that they're obscene." "Asking that his bond be revoked for activity that's occurring when he doesn't live in Polk County any more is somewhat unusual," Walters added. "My law office has never seen anything like it in an obscenity case." Howard Simon, executive director of the American Civil Liberties Union in Florida, said his organization might get involved in the case. "I must have missed where they (Brad Copley and Polk County Sheriff Grady Judd) were elected to be worldwide censors," he said. Simon said that Polk County has no right to prosecute what someone in another county does, and what people all over the world view on the Internet. "What right do they have to decide what people who live in Berlin and London and Hong Kong and New York access in the privacy of their own homes?" he said. If Wilson's bail is revoked, he said, "That would trigger the concern and involvement of us and everyone else who has worked to keep the Internet open and available as a system of free expression." Wilson's Web site features nude pictures and video clips sent in by Web site members. For the past eight or nine months it has offered soldiers serving overseas free access in exchange for pictures proving they were serving in Iraq or Afghanistan. Many of the pictures were gory, and featured sarcastic comments underneath. The site has generated worldwide controversy.

11-30-2005, 12:04 PM	#3
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	"I must have missed where they (Brad Copley and Polk County Sheriff Grady Judd) were elected to be worldwide censors," he said. Simon said that Polk County has no right to prosecute what someone in another county does, and what people all over the world view on the Internet agreed , what a bunch of fucking idiots __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

11-30-2005, 12:02 PM	#2
MattO The O is for Oohhh Join Date: Feb 2003 Location: AUSTIN TEJAS Posts: 10,861	If Polk country actually revokes his bail, and thus gets the ACLU and others involved, then that might actually be a good thing for Chris. Just makes Polk county look that much more crazy/zealous.

11-30-2005, 12:15 PM	#4
Hornydog4cooter Confirmed User Join Date: Jan 2005 Posts: 2,859	Damn you polk county guys better be careful over there

11-30-2005, 12:18 PM	#8
seeric .......... Industry Role: Join Date: Aug 2004 Location: .......... Posts: 41,917	they follow the money. whoever the owner of the company is and whereever they have registered the business is the laws that they are enforcing. he must have his business registered to operate out of polk county. if so, they can go after him all they want. doesn't matter where the servers are. i did extensive research on this and had talks with 3 of the biggest first ammendment lawyers in this biz when i worked for another company not too long back. i don't know all the details of this guys issues, but if he has a biz registered in that county they can prosecute him for obscenity. that doesn't mean that any of it will hold up. hopefully it will set some kind of case precedent that could end up protecting other companies and deter prosecutions of obscenity http://www.gfy.com/images/smilies/2twocents.gif