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The Schlessinger case marks an important shift in the way pictures circulate across the Internet -- particularly as it is written, without the benefit of a court's ruling. For the past few years, we've seen cases similar to the Schlessinger debacle, as it's been pushed to other locations such as on the Captain Midnight web site where the pictures were found and other sites where the images appear.
The Captain Midnight site was hosted by a California man named Emmett Healy, who operated as an independent Internet host. Apparently, it was his hobby to download photos of nude women from other Usenet newsgroups. In the process, he downloaded the Schlessinger pictures. Healy, a federal prisoner serving life for murder, was extradited to California to stand trial on charges that he was a copyright infringer of the nude photos.
After listening to a tape of her talk, the jury acquitted her of copyright violation, saying to Healy, "You, the alleged infringer, have a First Amendment right." But when the entire story emerged, Laura Schlessinger was found guilty. Schlessinger was sentenced to one year of shock probation and ordered to pay $500,000 in fine and restitution to Healy. -- German Playboy magazine has removed nude pictures of Caroline Feather and Tanya Wild from its Web site in response to a court order. THE KENTUCKY RED HEAD, Capt. J. B. (CO.) BONEMAN, Capt. A. Ross, Messrs. Macdonnell, Campbell, Shoemaker, for appellee. Deputy Assistant City Attorney Dennis Phillips, for appellant. The court noted that in repeating excerpts from the Playboy magazine articles published about the case, the paper had distributed materials protected by the First Amendment. The sole issue before the court was whether the materials found by the Kenton County Criminal Court constituted obscene or pornographic material as prohibited by law.
A Shelby County Circuit Court judge ruled that the photos violated the state's obscenity law. Judge William Ramey ruled that they had a "substantial capacity to arouse or... an appeal that is patently offensive to present community standards. d2c66b5586
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