Chris Wilson Released on Habeas Corpus
 

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.

FYI GFY,

webattorney = Larry Walters.. attorney for Chris, and on the man on the frontlines of a very concerning case.


Fight the bump!

Didnt you advise him to stop allowing people to upload porn to the site whilst he was awaiting trial?

What advice did you give him about moving out of Polk County and still operating the site?

Just wondered whether he got shitty legal advice or if he even bothered to ask his attorneys about the consequences of his actions?

Regards,

Lee

Thank goodness for a die-hard legal team, the FSC and the ACLU.

This case is very important..

I wonder if you've figured out yet that users uploading images don't have to be moderated by the site owner. Doubt it, you're retarded.

Are the charges still pending ?

:thumbsup Awesome news wtg :thumbsup

somewhat tangential.... what if a minor filmed themselves having sex with another minor or adult, and uploaded the video/pics to a posting site.... clearly it's CP, but would be the website owner be "protected" because they weren't moderating?

I have heard some attorneys suggest that message boards are exempt from 2257 when there are user posts of sexually explicit materials... seems like a fine line legal issue that certainly falls inline with this case.

Fight the arm chair!

Mean while, back at the district attorneys office nothing is being done about the guys who were sentenced to life without parole for crimes they didn't commit and DNA evidence exists to exonerate them. But who gives a fuck about them... the fact that their lives were stolen by overzealous cops, detectives and a fucked up court system...

No, we need to get THIS guy... His case might get me elected again...

This is excellent news for all of us rooting for Chris.

Lee, you're a moron. Why do you continue to follow the Chris threads just to provoke people? I doubt you're making much money in this industry, as you seem to spend all your time crapping on threads related to Chris.

Larry, you continue to impress me with every development in this case. Keep up the awesome work.


Free Chris!!

This really goes on more than you know. And believe it or not it usually goes down hill.

A crime happens. the SAO ( State Attorneys Office ) says we need to nail this guy, Its election time. So they push the cop. the cop comes up with what he can, and then the SAO says. Lets lie to the guy and see if he will take a plea.

So they go to the alleged bad guy and tell him all sorts of stories. Like the fact that they have 3 witnesses that saw the incident, and the fact they they have prints, and what not. But if you cop a plea now, instead of being killed in the chair, we will give you life.

the guy takes life.

the police file the actual report of the " Witness " that heard glass break, and saw a person that was tall in balck clothes leave the area.

Crime solved.

Buy the way. Great work on this Mr. attorney. I know that he and we still have a long way to go, but great work through the holidays.

Just when you want to start telling bad attorney jokes, one like this works through his holidays, and makes you stop...


Ok, So there is this really nasty attorney!.......

Great news!