Jailed for Porn Writings

This legal case has a history. It's about a man named Brian Dalton, 24, who is imprisoned for violation of the Ohio obscenity laws. His actions, however, do not meet the letter of the law, in that, the obscenity law prohibits making or possessing of photos or images. His violation concerned his writings about his dreams of molesting and torturing children. When the writings were found by his parents, they turned them in to his probation officer and he was arrested. He previously was convicted of pandering child pornography and placed on probation at the age of 19.

Now, the question the Ohio Supreme Court will be asked is whether writings can be construed to be in violation of the obscenity law when the law doesn't address written material, only photos and images.

The state's highest court would be the third court to take up the case of Brian Dalton, who First Amendment lawyers believe is the first person in the United States successfully prosecuted for child pornography that involved writings, not images.

In addition to defense counsel, a team of American Civil Liberties Union lawyers will be arguing the case.

It appears to me that Mr. Dalton has satisfied all the prerequisite requirements for admission to the John Wayne Gacy Graduate School of Child Molestation and the prosecutors, his probation officer and his parents are trying to take preventive measures to keep him off the street. All the signals of impending trouble are apparent.

Unfortunately, I don't think they'll win in the end. The court will most likely elect to preserve First Amendment freedoms.

In closing, I have to mention that John Wayne Gacy molested, tortured and murdered over thirty young men and boys. In that light, the actions of the prosecution are understandable and probably (and regrettably) prescient.