Guy Who Didn't Actually Sing Obscene Song To Kids Gets Jail Time & Restraining Order As If He Did

from the logic-people? dept

Fri, Apr 15th 2011 11:50am — Mike Masnick

Here's a follow up to a story we posted a few months ago, about college student Evan Emory, who put together an admittedly sophomoric video on YouTube that made it look like he was singing a sexually explicit song to elementary school kids. He didn't actually sing that song to the kids. He did sing perfectly reasonable childrens' songs to the kids, and only later filmed the explicit song in an otherwise empty classroom -- and then, for fun, edited the two together. While this does seem childish, it's hardly unique. In fact, the very same thing is quite frequently done on various TV shows and in movies. Yet, in this case, the guy was arrested and was facing 20 years in prison for "manufacturing child sexual abusive material."

Well, now, as pointed out by Radley Balko, Emory has been sentenced to 60 days in jail, 3 years probation and must remain 500 feet from minors. He does not have to put his name on the sex offender registry.

And yet, the parents of the children are still angry. A news report from the courtroom shows a father complaining that the sentence isn't enough, and how his daughter is traumatized by the whole thing. But... that leads to the obvious question of how she even heard the song in the first place. She was not present. Everyone is acting as if he actually sang the song to these kids when he did not. Emory's own lawyer calls the plea deal "fitting," but honestly it seems silly. Yes, the video he put together was childish and stupid, but does that really deserve jail time?

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Filed Under: evan emory

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Pickle Monger (profile), 15 Apr 2011 @ 11:56am

Appropriate jail time
Meanwhile, the bankers who have misled the investors by selling the mortgage-backed securities they knew would fail and then misled the investigators and possbly the Congress have never even been charged with ANYTHING.

Read more about this at (he-he) NYT:
"But several years after the financial crisis, which was caused in large part by reckless lending and excessive risk taking by major financial institutions, no senior executives have been charged or imprisoned, and a collective government effort has not emerged. This stands in stark contrast to the failure of many savings and loan institutions in the late 1980s. In the wake of that debacle, special government task forces referred 1,100 cases to prosecutors, resulting in more than 800 bank officials going to jail. Among the best-known: Charles H. Keating Jr., of Lincoln Savings and Loan in Arizona, and David Paul, of Centrust Bank in Florida."
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BearGriz72 (profile), 15 Apr 2011 @ 12:07pm

WTF?
/headdesk
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Anonymous Coward, 15 Apr 2011 @ 12:08pm

The depressing part is that this was a plea deal, so there will be no opportunity for a higher court to overturn it on first amendment grounds...
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Paul (profile), 15 Apr 2011 @ 12:08pm

It is the principle of the thing....
I am getting sick of the government going out of its way to make criminals out of kids and even adults who do stupid things.

Okay, this kid did something stupid. Why not spank him and let him go? Seriously, he is going to do time over this? He is going to be treated as a sex offender for being stupid?

Same thing goes for smoking pot. Spank them and chew them out and let them go. Why not? Even our Presidents admit to smoking pot, so what about that makes them a criminal?

The entertainment industry goes on and on about how piracy is costing us jobs. But what about all the jobs lost because people are not allowed to get training or are discriminated against being hired because they did something stupid.

Now if someone steals a T.V. or shoots someone, or causes any sort of measurable harm to someone else intentionality, then by all means, throw the book at them.

On the other hand, these mostly victim-less crimes (i.e. you can't actually find someone that these kids have actually, personally, and intentionally harmed) need to be dealt with in some way that is more rational and reasonable then crushing them under the heel of the law like they were really criminals.
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Capitalist Lion Tamer (profile), 15 Apr 2011 @ 12:10pm

Stupid overdramatic parents
I, for one, would have been proud to have my child star in this video, however inadvertently. It would give me something to show off to family and friends without boring the shit out of them. One can only watch so many minutes of "kids being kids" before they begin to lose all interest, empathy and feeling in their extremities. I say this as a parent who has inflicted this type of boredom on others. Repeatedly.
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Paul (profile), 15 Apr 2011 @ 12:10pm

Re: It is the principle of the thing....
BTW, I mean "treated as" a sex offender, i.e. the probation terms. On a re-read it might be assumed I thought he was going on the sex-offenders list, and I didn't mean to imply that.
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Jay (profile), 15 Apr 2011 @ 12:10pm

Obvious question
What happens if he goes to the mall?
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Rick Falkvinge, 15 Apr 2011 @ 12:10pm

Jailed for fiction in a movie?
Uh oh. Better look out here.

In other news, Bruce Willis was sentenced yesterday to 3.14x10� years in jail for 4711 first-degree counts of manslaughter. While none of them had actually taken place, he was convicted as if they had.

Like, seriously?
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Len, 15 Apr 2011 @ 12:13pm

Disturbing
Poor guy. I can't even say he did something stupid. What's so dumb about what he did? It's comedy people! So what? We can't make fun of shit anymore?
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Mint, 15 Apr 2011 @ 12:15pm

Should teach us a lesson...
WOW....seriously though, this guy just needed a half-competent lawyer. The nail in his coffin was that he pled no contest to the charges....big mistake.
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DS, 15 Apr 2011 @ 12:22pm

Re: It is the principle of the thing....
Hell, he didn't even do anything stupid... it's like the Porn4Kids Robert Smigel skit on TV Funhouse. Nobody got hurt, some people laughed, and others were offended.

At least Smigel didn't go to jail for a joke, unlike this poor sap.
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Anonymous Coward, 15 Apr 2011 @ 12:29pm

Re: Appropriate jail time
because like any 3rd world nation, our government is corrupt. Thus why would you think they would lead an investigation and criminal witchhunt in which they themselves along with the bankers and wallstreet execs would all face prison time.

Won't happen in a million years (or in the decade or so that the USA has left as a nation).
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Paul (profile), 15 Apr 2011 @ 12:30pm

Re: Re: It is the principle of the thing....
Okay, by "stupid", I mean something that doesn't rise to the level of truly evil, but which offends someone or some group that is able to come smashing down on your head.

It remains a matter of perspective whether the actual thing he did is inherently and truly "stupid" or just viewed that way by some people.
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Anonymous Coward, 15 Apr 2011 @ 12:36pm

OH MY GOD! WON'T SOMEBODY PLEASE THINK OF THE CHILDREN!!

If this guy went to jail for this, then I'm very surprised the creators of Wondershowzen haven't.
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Johnny, 15 Apr 2011 @ 12:37pm

Wouldn't this ruling make many hollywood actors felons?
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Anonymous Poster, 15 Apr 2011 @ 12:39pm

This may be the most "what the fuck" story in my long, long years of hearing "what the fuck" stories all across the Internet.

Those parents, that prosecutor, and everyone who pushed for this guy to be punished for a harmless (if distasteful) prank need to be ashamed of themselves.

The guy who made the video is already ashamed of himself, and he realizes his mistake, so he already got all the punishment he deserved. This was just heaping on the punishment.

As others have pointed out: the people behind the greatest financial depression of our generation have yet to be sent to jail or punished in any way, celebrities spend years going through trials and hearings on a single incident (look up Jeff Hardy and see how long his current case on drug charges has been going), and yet this guy pulled off a harmless YouTube prank and came within a hair of being labelled a sex offender (likely for the rest of his life).

THIS IS OUR JUSTICE SYSTEM, LADIES AND GENTLEMEN. WE NEED TO DEMAND A BETTER SYSTEM.
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Anonymous Poster, 15 Apr 2011 @ 12:40pm

Re:
MTV did a better job of covering their asses, I'm sure.
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Howard the Duck, 15 Apr 2011 @ 12:46pm

Re: Jailed for fiction in a movie?
Manufactured murder on the big screen, John Wayne sentenced posthumously.
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anonymous, 15 Apr 2011 @ 12:54pm

Re: It is the principle of the thing....
This was not the government. This was about parents and others looking for prosecution. The government setup a judicial system so the mob wouldn't tear this guy apart. He elected for a plea deal instead of standing up for his rights.

As for the rest of your complaints... volunteer, get the word out, motivate people, and elect people that stand for your values. Yes it seems like an uphill battle, but that's because we are complacent and whiny versus active and working for change.
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sam, 15 Apr 2011 @ 12:55pm

"Emory's own lawyer calls the plea deal "fitting," but honestly it seems silly."

he needs to appeal on attorney misconduct immediately.
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Anonymous Coward, 15 Apr 2011 @ 12:56pm

despite having heard about this several times, this was the first time i heard that it was an edit. Either everyone else has been ignorant, or everyone else has been explicit. I feel ashamed.
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Christopher (profile), 15 Apr 2011 @ 12:57pm

He shouldn't have gotten any jail time or punishment in the first place. This is the EPITOME of parody! Not to mention that OTHER people have made videos like this since then and they haven't been arrested!

I swear...... things like this make me want to PUKE.

I agree with Anonymous Poster: WE NEED A BETTER SYSTEM! One that RESPECTS free expression, even if some people dislike that expression.
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Big Mook, 15 Apr 2011 @ 1:01pm

He accepted a plea
He could have taken this to trial, but because of some bad advice (IMHO) he took a plea to guarantee little jail time and no permanent sex offender status.

Personally, I believe I would've taken it to trial, so you have to fault him somewhat for being too scared and not letting the justice system work for him.
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Gwiz (profile), 15 Apr 2011 @ 1:01pm

A news report from the courtroom shows a father complaining that the sentence isn't enough, and how his daughter is traumatized by the whole thing. But... that leads to the obvious question of how she even heard the song in the first place. She was not present.

Perhaps good ole Dad there needs 3 or 4 times Emory's sentence if he exposed his daughter to so called "child sexual abusive material" by letting her see the video.
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Anonymous Coward, 15 Apr 2011 @ 1:06pm

Re: Re: It is the principle of the thing....
"This was not the government."

prosecutor = government.
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Anonymous Coward, 15 Apr 2011 @ 1:07pm

Interesting. A fake video of someone singing an X-rated song to kids causes that person to be put in jail?
So, if I don't like someone, all I have to do is record them talking, edit the movie so they lip-sync with a recording of an explicit song, splice in stock footage of children, and upload it to YouTube, and they'll go to jail even though the movie is fake and they didn't really do anything?
Wow. Now I know what Kira felt like when he realized what he could do with the Death Note...
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Chris Rhodes (profile), 15 Apr 2011 @ 1:07pm

Could be Worse
He's just lucky the masses of mewling, whining authoritarian pricks in this country didn't push for the death penalty.

This is seriously disturbing.
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Anonymous Coward, 15 Apr 2011 @ 1:08pm

Re: He accepted a plea
It's hard to fault a guy for taking 60 days when he's being threatened with 20 years, though.

The problem is with the prosecutor threatening 20 years in the first place.
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Christopher (profile), 15 Apr 2011 @ 1:08pm

Re: He accepted a plea
That is part of the problem with our system. There is all of this pressure put on people to 'plea' when they really shouldn't that very few people can stand up to when they are threatened with 'consequences' unless they plea.
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Christopher (profile), 15 Apr 2011 @ 1:11pm

Re:
You don't even have to do that.

1. Get a picture of a nude child.
2. Put it on a person's computer.
3. Inform the police.
4. Laugh as your patsy goes to prison!

We need to get rid of these laws, they are NOT being used to 'protect children' but instead to force people's personal likes and dislikes on other people.
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Berenerd (profile), 15 Apr 2011 @ 1:16pm

Re: Re: Jailed for fiction in a movie?
All Alien races including but not limited to, Klingons, Borg, and Cardassians, will be shot on site for killing people by the trillions in the future.
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Berenerd (profile), 15 Apr 2011 @ 1:17pm

Re: Disturbing
BUT...BUT...PIRACY!!!

errr

THINK OF THE KIDS!!!!
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Garrett, 15 Apr 2011 @ 1:18pm

Re: Could be Worse
Right with ya.

I don't even have the heart to follow the links because this honestly makes me nauseous.

Shame on the prosecutor.
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Anonymous Coward, 15 Apr 2011 @ 1:21pm

Now all we have to do is add an explicit track to a speach by Obama to some children.

Many problems solved!
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Anonymous Coward, 15 Apr 2011 @ 1:25pm

Plea deal. He should have let it go to court.
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Elohssa (profile), 15 Apr 2011 @ 1:48pm

Justice for Will Ferrel!
Pearl has to be taken off the streets. That kid is a bad landlady, and a dirty cop!

http://www.funnyordie.com
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383bigblock (profile), 15 Apr 2011 @ 1:55pm

Dad goes to jail!! happy ending
Well, if the dad who spoke up was so upset that his daughter was traumatized and demanded a stiffer sentence I think he is ABSOLUTELY SPOT ON!!!!!

He should immediately go to jail for allowing to view something that never happened. WOW...I've heard where perception is reality.....but this takes the cake. I think since his performance was in front of a virtual audience (in the classroom) then he should have to go to a virtual jail and serve 3 years of virtual probation....just to be consistent.
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Matt P (profile), 15 Apr 2011 @ 1:57pm

In other news, US courts say psychological harm to children entails freaking out their idiot parents.
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Anonymous Coward, 15 Apr 2011 @ 1:59pm

Re:
Easy to say when you're not the one facing up to 20 years.
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Vic, 15 Apr 2011 @ 2:17pm

Re: Re: It is the principle of the thing....
It is about the government unfortunately... The government created laws under which this guy (heck, almost all of us, for one thing or another) can be found guilty.
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MrWilson, 15 Apr 2011 @ 2:59pm

Re: Re: Re: Jailed for fiction in a movie?
In other news, God has been indicted by a grand jury for the wholesale genocide of nearly all living creatures and the act of torturing the planet via Old Testament-style waterboarding. God was not able to be reached for comment.
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Nicedoggy, 15 Apr 2011 @ 3:37pm

http://www.google.com/search?q=salem+trials

Every time I see those things I remember the history of the Salem Witch Trials.
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ChimpBush McHitlerBurton, 15 Apr 2011 @ 3:48pm

American Retard
Every last parent who was outraged, and the judge himself:

...are complete and total retards. They are what is wrong with America, and they are proof that the human race is doomed.

They should be all taken out to the woodshed and flogged.

Idiots. EEEEEEEEEEDIOTS.

CBMHB.
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Chris (profile), 15 Apr 2011 @ 4:47pm

This isn't illegal
Dave Chappelle did this on his show by posing as a crackhead and (fake) telling kids how he sucked dick for crack. Sure they got the parents' consent, but it isn't like this was on cable or something.
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tim, 15 Apr 2011 @ 5:43pm

Now put Nicolas Cage in jail!!!
I saw Nicolas cage blowing up people and killing police in Kick-Ass, why is he not in jail yet?
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Anonymous Coward, 15 Apr 2011 @ 5:53pm

More money = better lawyer. Him + bad deal.
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Anonymous Coward, 15 Apr 2011 @ 6:03pm

So what have we learned?
Next time you want to sing a rude song in front of kids, do it for real.
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Anonymous Coward, 15 Apr 2011 @ 7:13pm

The way it works.
Steal a pack of gum, and you're put away for life. Steal the pensions of 100,000 people and you get a pat on the back.
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testcore (profile), 15 Apr 2011 @ 8:36pm

Re: The way it works.
...and a bonus.
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John K., 16 Apr 2011 @ 12:03am

Evan's lawyer should be in jail for the way he handled this case.
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Anonymous Coward, 16 Apr 2011 @ 4:39am

His right to bear arms is also effected for six years as a result.
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Togashi (profile), 16 Apr 2011 @ 4:50am

Re: Obvious question
I came here to ask the same thing. More importantly, how is he going to survive without food? He can't go to the grocery store or just about any restaurants. I suppose he could go to a bar, as long as it doesn't share a wall with any business that allows children on the premises.
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Shon Gale (profile), 16 Apr 2011 @ 6:27am

What state did this happen in? I will make sure I never go there!
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Tyler Jacobs, 16 Apr 2011 @ 8:53am

Re: Appropriate jail time
I could not agree more. The US courts have lost their minds and gone completely wild! Ridiculous!
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Anonymous Coward, 16 Apr 2011 @ 9:44am

Re: Appropriate jail time
Emory's own lawyer calls the plea deal "fitting,"

Proof that lawyer are there not to help the client but the court.
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Jesse (profile), 16 Apr 2011 @ 10:16am

Kind of wondering how this passes first amendment muster, or what he was actually charged with. Child pornography???? Really??? I find American child protection laws to be very scary.
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Grant Crowell, 16 Apr 2011 @ 1:24pm

Re: Dad goes to jail!! happy ending
Is a parent who can't distinguish between YouTube and reality a danger to kids?
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Matthew A. Sawtell, 17 Apr 2011 @ 1:57am

And people wondered why 'celebs' needed so many lawyers?
Folks - there is a reason why folks like Ted Nugent, Steven Tyler, etc. etc. etc. were able to get away with a hell of a lot worse will kids that this twit, the record label lawyers.

Not all of the sharks are their for copyright projection... but also to protect their meal tickets in their prime.

After that... typical episode of "Behind the Music"
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vivaelamor (profile), 17 Apr 2011 @ 5:01am

Re: American Retard
"...are complete and total retards. They are what is wrong with America, and they are proof that the human race is doomed."

So, people suffering from mental retardation are what is wrong with America and proof that the human race is doomed? Here's me thinking that it might be lack of empathy.

"They should be all taken out to the woodshed and flogged."

Coincidentally what I believe should happen to people who use the word retard as a pejorative.
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The Devil's Coachman (profile), 17 Apr 2011 @ 7:30am

Re: Appropriate jail time
The USA had become no different than any banana republic in South America, or any Islamist hellhole in the world. Same agenda, same purpose - the enrichment of the power elite, and the suppression of the populace by whatever means, up to and including lethal violence. Somebody has to pay for all those armored Mercedes S-Class and private jets, to say nothing of the beachfront mansions and the ski chalets in Vail and Switzerland.

The laws apply only to the non-elite. For the elite, there are no laws. There are also no political parties, as that would create the potential for dissension amongst the elite, and that would not be considered productive. All appearances of a functional two party system are an illusion, crafted and maintained by the elite of all "parties" to keep the sheep-like populace gulled into believing they actually have significance. They don't, and never will.

Wonder where and when they have the meetings for their version of the Mafia "Commission"? I'll guarantee you one thing - it does not have a name, or a membership list, or a flag or logo. It just exists, and functions quite well, and all the prattling about the "Trilateral Commission", "Skull and Bones" and all the other conspiracy theory diversions are just that - diversions. Anyone who disagrees publicly with the government loudly enough will eventually be jailed or made to "disappear", and since it worked fairly well for quite a while with creatures such as Pinochet and others, our autocrats and oligarchs feel similarly entitled. The government is essentially a kleptocracy on a par with the former Soviet Union, and when all the money and resources are controlled by them, the populace will be effectively enslaved. We have lost. They have won. It's over, boys and girls. Prepare to get fitted for your shackles.
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The Devil's Coachman (profile), 17 Apr 2011 @ 7:37am

Re: Re: Appropriate jail time
Just kidding! Really! Was that just a knock on my door? I don't know why anyone would send me a CandyGram.
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Anonymous Coward, 17 Apr 2011 @ 1:49pm

Praying for ass cancer
I am praying for ass cancer to all the prosecutors and judges involved in this case. Really painful ass cancer. And for your families too. Please god, let it spread quickly once they have it.
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Anonymous Coward, 17 Apr 2011 @ 10:36pm

Why would he have agreed to such a ridiculous plea deal?!
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toyotabedzrock (profile), 17 Apr 2011 @ 11:21pm

This is Absurd!
Something needs to be done, that is not justice in any way shape or form!
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Anonymous Coward, 18 Apr 2011 @ 3:11am

wait, wait! I saw this on T.V.
about 15 minutes after I read this acticle, I turned the TV on, and there was a Reno 911! where deputy Wiegel sings a HIGHLY inappropriate song to a classroom full of students. http://www.youtube.com/watch?v=WAHIhRsWCqc&playnext=1&list=PL030EDD8F23CB99F1
You can tell by watching that the kids aren't actually in the classroom while the song is being sung. So this exact senario where a man went to jail happened on a for profit television show that is now replayed in syndication.
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Anonymous Coward, 18 Apr 2011 @ 8:57am

Hell, Charlie Sheen did the same joke on 2 1/2 men. Singing about "I love boobies" in an edited room of children.
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Almost Anonymous (profile), 18 Apr 2011 @ 10:16am

Re: He accepted a plea
"""He could have taken this to trial, but because of some bad advice (IMHO) he took a plea to guarantee little jail time and no permanent sex offender status.

Personally, I believe I would've taken it to trial, so you have to fault him somewhat for being too scared and not letting the justice system work for him."""

Listen, the prosecutor has complete leeway on what he chooses to prosecute, and he chose to prosecute this. So what if, and I don't think it's a very big "if", this dude went to trial and was convicted? You can be certain that he would have been on the Sex Offender list then. I absolutely don't blame him for not rolling those dice.
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known coward, 18 Apr 2011 @ 12:20pm

Re: Re: American Retard
I think you have it backwards. The retarded kids are the ones who should be offended by the comparison. They are not the ones who are pushing this non-sense, it is their alleged "betters".
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RadialSkid (profile), 18 Apr 2011 @ 12:32pm

I almost feel like the guy deserves the jail time just for agreeing to the plea deal in the first place.
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vivaelamor (profile), 18 Apr 2011 @ 2:17pm

Re: Re: Re: American Retard
'I think you have it backwards. The retarded kids are the ones who should be offended by the comparison. They are not the ones who are pushing this non-sense, it is their alleged "betters".'

You neglect to explain why it's nonsense. Personally I apply the same 'non' sense to the pejorative use of other words, some of which I have had to contend with first hand.

I'm offended at the implications of the language, not because anyone suffers any negative consequences (although negative consequences are supported by anecdotal evidence).

You seem to believe that only the subject of a derogation has any right to be offended. To apply your implied principle uniformly would prevent anyone who is not directly a victim from seeking to right a wrong.

You imply that I regard myself as "better", but neglect to explain what you mean or why you would believe that.
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Shrouded (profile), 22 Apr 2011 @ 7:40pm

Cheggit out
Whitest kids you know Scarin' Babies.

Exactly the same thing on network TV.
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joe, 15 Jun 2011 @ 1:39pm

welcome to the united states of china, where the 1st amendment can be overridden by almost any other law. where we find ways to force internet censorship on people by arresting and jailing anybody who dares express themselves. like I always say, the only right more important than your 1st amendment right is your 5th.

and as this has been done on TV shows, all actors involved in those should be targeted charged registered and jailed as well.
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