Gore Site Operator Arrested For Posting Video of Murder
theshowmecanuck writes "According to the Montreal Gazette, 'The owner and operator of a well-known 'real gore' website is charged with corrupting morals for posting a video allegedly depicting the murder of student Jun Lin by Luka Magnotta. Magnotta, 30, is currently in custody charged with first-degree murder in the death of the 33-year-old Chinese international student, who was killed in Montreal in May 2012. The victim's severed limbs were then mailed to political parties and elementary schools, and his torso found inside a discarded suitcase.' A news interview with the detective in charge of the case, airing on CTV as I type this, says he believes the web site hosts a lot of racist content and unimaginable violence. You should note that Canada has less free speech than in America (we have 'hate crime laws'), but there will likely be some arguments in this vein. The charge against the operator is quite rare and no-one so far remembers it ever being used before."
It was used against a special fx pro, for an over realistic gore site, but it failed : http://www.huffingtonpost.ca/2012/12/23/remy-couture_n_2355922.html
There are some things simply beyond the pale in any decent society. Entertaining people through showing a grisly, cruel murder can do nothing but harm the family, friends, and love ones of the victim. It has absolutely no political, educational, moral effect, nor any deterrent to any crime. It has no value whatsoever to shock and delight those deranged enough to view a heinous act.
The Framers had clear reasons for promoting freedom of speech, primarily to serve the political health of the nation by fostering free debate. And yes, they came from a society that still had public executions, some of which were (in England at least) just as brutal as this crime as more. But they did not create freedom of speech to promote sheer depravity. Laws exist in the context of their society, even what we consider natural law, and there are some things that a society has every damn right to ban - child pornography, and yes, showing a murder for fun.
What must be going through the minds of this poor woman's parents? Is that pain worth a shock to an increasingly cynical population? This was beyond the pale, and does corrupt public morals by desensitizing people to murder. The owner of the site deserves these charges.
/* Dang, I can't type that well. */
How is it "mob rule" when democratically elected representatives ban something years in advance, then an independant law enforcement agency takes someone to be tried before an independant judiciary for violating it?
Your argument can be equally applied to the enforcement of any law whatsoever as being "mob rule".
the law might be an infringement of the Charter of Rights and could even be overturned by the Supreme Court, but it isn't going to be influenced by the size of mob that shows up at anybody's doorstep, or what any politician wants to say about it.
No one has a right to their *own* opinion. They have a right to the TRUTH.
Murder as free speech.
America really has something funny in its water supply.
This kind of thing should be handled through social ostracism, not laws. Politicians leading mobs to silence people is nothing honorable.
So it should be handled by mob rule (social ostracism), just not by mob rule (laws). So long as it's YOUR mob, you're okay with it. Just don't anyone form or join a mob against YOU, and then it's honorable and moral. Got it.
Key point, though, this isn't in the US, and the laws in Canada don't work the same way. Canadians don't necessarily have the exact same values as Americans, and one of those values is that hate speech is criminal rather than protected. These laws (and related ones) are occasionally controversial, but not nearly to the extent they would be in the US.
Politicians leading mobs
Eric Holder didn't get that memo.
http://www.washingtonpost.com/blogs/post-politics/wp/2013/07/17/justice-dept-seeks-public-feedback-on-zimmerman-case/?tid=pm_politics_pop
THL phish sticks
The idea that people shouldn't be entertained by violence is the same argument that's been used to ban video games, movies, etc. Think about ALL of the implications what you're saying here -- are you sure this is really the road you want to go down?
There's no -1 for "I don't get it."
I once lived near Canada and admired the view that anything related to an upcoming trial be kept out of the news. Where it's treated like entertainment or tantalizing marketing in the United States, it's good to see Canada believes the public should not be forming opinions based upon partial evidence or hearsay.
Looks to my untrained eye like the site operator was violating this ban, beyond simply poor taste.
A feeling of having made the same mistake before: Deja Foobar
Actually, hate speech is now protected. The exemption was repealed. http://news.nationalpost.com/2013/06/27/hate-speech-no-longer-part-of-canadas-human-rights-act/
Yeah, actually that email address is active and has been for several days. It was even publicized by the DOJ, almost right after the not-guilty verdict was read.
Om, nomnomnom...
Here is a case where property rights gives us a reasonable answer. The victim never gave consent to be filmed during his murder, the film was made under duress. Those choosing to propagate the film can be presumed to recognize that. Yet they chose to attempt to profit by selling manifestly stolen property. Throw them in jail.
If this were to occur in the US, would a prosecution under obscenity laws be legal?
The bar is high, but compared with other things subject to the law, (i.e. the "Miller" test applied to pornography) this would seem to cross it.
what is wrong with you? this would be a clear violation of the site owner's rights of freedom of speech in the US. the site owner didnt commit any crimes, he simply uploaded a video of it to his own site, which is protected under free speech.
So the United States has no laws prohibiting the posting of child porn or bestiality images? After all, the web site operator didn't rape the child, bugger the sheep, etc. he or she is simply exercising "free speech." Nonetheless, he or she is still accountable to the law for disseminating the child porn because it encourages the producers. Posting a murder video might be notionally legal in the US under purported "freedom of speech" but that does not remove the possibility that the law would take interest.
Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
What happens when a nutbag joins the NSA?
Um, business as usual?
there IS a direct correlation between child pornography and child abuse (the first CANNOT exist without the other)
Generally true but not always.
The newly-married under-18 teenagers filming their honeymoon "in detail" are creating child pornography if they do it in America.
Ditto the 13 year old guy playing with himself in front of a mirror with a camera, purely for his own amusement.
Granted, these examples should never justify "making child porn legal" but they do justify creating the "it was my own body, I have a right to record it" absolute defense and an "it was my boy/girlfriend and he/she said yes" mitigation-defense for people close in age that would turn the charge into a non-sex-crime misdemeanor.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
The freedom of speech right in the US is not an unlimited right. You'll have to read through 200 years of jurisprudence to find the real limitations.
In the case Ashcroft v. Free Speech Coalition the supreme court struck down a provision in a law as unconstitutional that stated that simulated child pornography was illegal. In other words, CGI child porn is definitely considered free speech.
This might sound crass, posting anon.
I watched the phone-line guy video where he was beheaded by terrorists during the Iraq war. I didn't enjoy what I saw, but doing so seemed important to help understand the pit of depravity that humans can succumb to.
As a young teenager (far to young, but I had free reign at the video rental place via a signed paper saying I could rent all but the porno - which I found in my dads sock drawer...), I watched the Faces of Death series of videos. The money brain scene is fixed in my mind, as is the execution by firing squad. One can learn a lot about being decent and civil from scenes of gross violence.
I believe that grotesque images of violence and even death should be seen, in order to help us understand how precious life is. It is easy to take a life, and to leave the path of despair it causes.
What about war footage, showing soldiers killed and maimed on the battlefield (WW2, Korea). What of the numerous videos of US helicopters fire bombing villages during Vietnam? The death isn't obvious in the fireballs. Seeing death up front is much more powerful. The images of Hiroshima children are chilling, but very important:
https://www.google.com/search?q=hiroshima+child&client=firefox-a&hs=jay&rls=org.mozilla:en-US:official&channel=np&tbm=isch&tbo=u&source=univ&sa=X&ei=5DvnUfvlIsSbqwHB8YDICg&ved=0CC0QsAQ&biw=1920&bih=968
Savage acts require savage justice. But making savage acts available for viewing, not so much in my opinion. Reality, as horrific as is can be, is just reality. Choose not to watch if you wish, but understand, that for some, it is a learning experience about evil.
My eyes and person have witnessed events worse than death from the pain and torture of a terrible disease. Death would have been, and eventually was, welcomed. It should have come sooner, and would have, if not for the modern medical system and it's "miracles".
You should note that Canada has less free speech than in America (we have 'hate crime laws'),
From the Charter of Rights and Freedoms:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
We have the exact same free speech rights as the US.
Canadians don't necessarily have the exact same values as Americans, and one of those values is that hate speech is criminal rather than protected.
There's a difference between laws and values. I think many Americans would agree that not all American laws reflect values that all American's hold. Similarly, just because Canada has much less protection for freedom of speech in law doesn't mean that Canadians don't value free speech. I'm Canadian, and myself and virtually every other Canadian that I've talked to on this matter hates Canadian hate speech laws and wishes we had the same protection for freedom of speech as America has. Of course, not all Canadians feel this way, but it is a huge generalization to assume all or most Canadians agree with these laws or that they somehow reflect Canadian "values".
If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
because it encourages the producers
Who cares?
Please start by defining "porn" and "child", and then explain why producing "child porn" is bad, granted that no "children" get abused in the process. If a child is OK with it, why do you bother? Here, I can help you with "child": in US, it's anyone under about 18. So if you possess or share a picture of you and your wife having consensual sex, both of you 17, then you should rot in prison. Right?
Now imagine you are 10. Would you rather get beaten and raped by your older brother (no filming), or have a picture of you touching wieners posted on the Internet (no abuse involved)? This is not even comparable: kids will do the latter just for fun. Or would, if they were not scared by the sheer amount of punishment from the law. At the same time, humans were abusing children sexually since before they could write or draw. Instead of cracking down on people who actually abuse children, you tacitly advocate imprisoning artists and wankers who wouldn't hurt a fly. Instead of allowing people to have an honest discussion about sexual abuse within families (which is the majority of all sexual abuse), you want it censored. All of this tells me that you don't really give a rat's ass about children being abused. All you want is to maintain your puritanical community standard, and if the children get raped not on camera, you are perfectly content. 'Cause if you can't see it, it's not happening, right?
Yes it is. Read the Constitution. "Congress shall make no laws..."
It doesn't say "unless what you say hurts someone's feelings, is super gross, is obscene, isn't accepted by your local community, or is inciting hatred/violence/fear/etc".
It's a pretty dangerous thing to be going around trying to convince people that the freedom of speech has "limitations". Only in its application -- not in its spirit (or writing).
This is how we end up with idiots promoting the idea that "well, free speech is really only intended for journalists - fuck the rest of you".
Yeah? Find me any limits written into the document. The only legitimate way to limit speech in the US is to amend the constitution. The process is explicitly written down, in that same constitution.
“He’s not deformed, he’s just drunk!”
Yeah, the whole "morality" thing is bullshit. It seems repulsive and horrible and it grosses me out that people would want to see this kind of shit (I'm sure we all stumbled across things like it in the earlier days of the net) . . . but unless it is violating some sort of privacy or something . . . . I just see it as the cost of a free society. (Yes, I know this is in Canada). In a free society, things are said, presented, and done that can be highly offensive to you and that is a good thing.
What's worse is it seems the submitter for the post has been brain washed into believing all this 'Land of the free and home of the brave' rubbish.
32nd on the list of free speech for the press.
http://en.wikipedia.org/wiki/Press_Freedom_Index
Sure you still have some of your citizens rights, but it seems you are losing more and more every day, the government now can and will spy on you with out warrant, letting the ppl know about this lands you with ironically charges of being a spy..
You have 5 Moderator Points!
Which Helpless Linux zealot/MS basher do you want to mod down today?
> If a child is OK with it, why do you bother?
The rhetoric is that a child is not legally able to give consent, so all sex with a child is legally rape.
A line had to be drawn somewhere, be it 16, 18 or 21 or whatever else in your country.
As for hypothetical situations where two children have sex, you take naked pictures of yourself as a child and circulate them as an adult, etc. I do not know. I suppose it would have to be tried in court.
Pardon my ignorance but.... Isn't there a law against Snowden exercising his free speech rights to disclose what he learned about the NSA?
ipv6 is my vpn
What's the point of rhetorical questions?
You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
I never really understood this in the movie. No blood on the ground...
Guess you never read the book, then. Coppola had to leave a lot out from the book, including how this scene got set up. Coppola had to leave so much out, he left enough material for the sequel.
Want to know why Woltz was so pissed at Hayden at the dinner?
Want to know happened to Sonny's goomah after his death?
More about Johnny Fontane's career (and why Sinatra tried to stop the movie's production)?
About the doctor who played a very significant part in the book, left completely out in the movie?
How Michael found out about Vitelli (who bombed the car)?
Why Michael fell for Apollonia so hard? And then why he rekindled a relationship with Kay?
Where Neri came from, why he was tied to Michael?
Why Don Tommasino was so big a part of the Godfather's life, and why the Godfather was so bothered by Luca Brasi?
All that and more...
It's all in the book.
-> I dislike sigs...
Murder as free speech. America really has something funny in its water supply.
Electrolytes!
"What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)