Earlier this week lawyers appealed before a state court the case of a man imprisoned for writing fictitious stories of child torture and molestation in his journal. "The state says it's a crime to write in a journal, but there can't be such a crime in the United States of America," said lawyer Benson Wolman, who represented Brian Dalton, 24, on behalf of the American Civil Liberties Union. Lawyers specializing in the First Amendment believe Dalton was the first person in the United States successfully prosecuted for child pornography that involved writings, not images. Dalton, who was serving probation for a previous child pornography case while living with his mother, wrote stories about three children being caged in a basement and molested in his journal. When his mother found the journal, she turned him over to the authorities. Dalton pleaded guilt in July 2001 to pandering obscenity involving a minor. He later asked to withdraw the plea in order to fight the constituionality of the law, though his request was refused. Dalton was sentenced to seven years, plus 1 1/2 years from a 1998 child pornography conviction because he violated probation by possessing the journal. Wolman asked the 10th Ohio District Court of Appeals to order the case dismissed on grounds that prosecuting someone for their private thoughts and writings violates free speech protections. The appeals court is expected to rule by summer. For a related story, click here.
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
