Chris Wilson, the Polk County webmaster for
www.nowthatsfuckedup.com, was just released from jail, where he was being held with no bond, due to continued operation of his website after he bonded out. Wilson was originally arrested on 301 counts of violating Florida's obscenity laws. The state filed 3 separate counts for each image or video clip it felt was obscene, despite the requirement that obscene materials be 'taken as a whole' under the Miller Test.
The trial court revoked Wilson's bond, and ordered him held with no bond, since he allegedly continued to allow users to post images on the website,
www.NowThatsFuckedUp.com, which the State claimed to be obscene. Most of the images involved still pictures of erect penises poking through 'glory holes.' Wilson remained in jail since December 16, despite our firm's filing motions for immediate release with the appellate court, the Florida Supreme Court, and the U.S. Supreme Court. Relief finally came today, when the Second District Court of Appeal ordered Wilson to be released immediately. The State made one final attempt to keep Wilson in jail, by filing a motion for Stay of the court's Writ of Habeas Corpus, but the court immediately denied the motion, and faxed the order out after hours this evening.
The grounds for the court's order are unclear at this point, and a full opinion will follow the initial order of release, soon. In the event the appellate court rules that the obscenity laws do not apply to the Internet (as argued in our papers) or that the evidence was illegally gathered, such a ruling could gut the prosecution's case, and result in a complete dismissal of the underlying case.
This case has tremendous potential for establishing precedent for the Internet, in the expected wave of obscenity prosecutions threatened by the federal government. Any webmaster desiring to get involved, or contribute to the defense fund, should access:
www.FreeChris.org.