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musician jailed over youtube prank -- faces 20+years plus child porn charges moondog Send a noteboard - 20/02/2011 07:55:33 AM
Evan Emory, a musician who posts his material on YouTube, recently uploaded a video that might earn him 20 years in prison. Yes, you read that correctly. One totally harmless video. Twenty years in prison.

Attorneys, however, told WoodTV8 that the felony charge may be unconstitutional. Curt Benson, professor at the Thomas M. Cooley Law School, said the trial could pose “a constitutional question” because it violates Emory’s First Amendment right to freedom of speech.

So let’s back up. What’s this all about? The 21-year-old Emory posted a video of himself on YouTube singing a sexually explicit song to elementary school students. Before you take the side of law enforcement, it’s not as raunchy and inappropriate as it sounds. The video was only edited to make it appear as if young children were in the classroom, even though they weren’t. Emory posted two disclaimers on the video that elementary school students were not exposed to the explicit lyrics.

If Emory is charged with the count of manufacturing child sexual abusive material he is facing, he could spend 20 years in prison for what he says was just a joke. Muskegon County Prosecutor Tony Tague said Michigan law ‘provides penalty’ for those who actually manufacture child sexual abusive material ‘but also has a provision for those who make it appear that the children were actually abused.’

The footage of the children was recorded a month ago when Emory performed a clean song for the class, said Ravenna schools’ Superintendent John B. VanLoon (is that seriously his name? Amazing!). It was only later that Emory returned to the empty classroom to record a vulgar song, which he cleverly edited with clips of the children and posted to YouTube on Monday.

there's a little more in the full article including an incredibly insipid interview from CNN. the part that sticks out in my mind is the fact that the state wants to charge him as a sexual predator and register him as sex offender for what basically amounts to a satirically edited video.
"The RIAA has shown a certain disregard for the creative people of the industry in their eagerness to protect the revenues of the record companies." -- Frank Zappa

"That's the trouble with political jokes in this country... they get elected!" -- Dave Lippman
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musician jailed over youtube prank -- faces 20+years plus child porn charges - 20/02/2011 07:55:33 AM 1025 Views
Yay for home! - 20/02/2011 12:20:14 PM 600 Views
Re: Yay for home! - 22/02/2011 05:05:49 AM 573 Views
He should get the pants sued off him. - 20/02/2011 07:08:56 PM 494 Views
Well ... from this parents perspective - 21/02/2011 12:33:25 PM 567 Views
Lol and people say human beings aren't civilized *NM* - 21/02/2011 05:32:32 PM 230 Views
Re: Lol and people say human beings aren't civilized - 22/02/2011 02:19:48 PM 502 Views
Stupid and in bad taste, but certainly not worth jail time *NM* - 21/02/2011 12:41:28 PM 243 Views
"Oh, I didn't actually abuse any of those kids." - 21/02/2011 02:37:00 PM 518 Views
Agreed. But being an asshat is not a crime. *NM* - 21/02/2011 05:02:59 PM 210 Views
No, it's not. - 21/02/2011 05:22:05 PM 592 Views
no but using children to create sexually explicit material is - 21/02/2011 07:36:32 PM 602 Views
"sexually explicit material" is different than "obscene" - 22/02/2011 02:43:49 AM 543 Views
That is debatable. - 22/02/2011 05:25:46 AM 507 Views
you don't believe both can describe language? - 22/02/2011 02:30:16 PM 477 Views
Yes, this was disgusting, but since when does dirty lyrics = porn? - 22/02/2011 04:18:05 PM 577 Views
The written word can be considered porn so why not song lyrics? - 22/02/2011 05:04:37 PM 516 Views
It can? - 23/02/2011 04:34:40 AM 608 Views
Yep - 23/02/2011 05:04:49 AM 566 Views
Actually, obscenity is one of the most poorly defined concepts in US law. - 26/02/2011 09:57:21 PM 653 Views
Yes, I've posted on the Miller Test - 26/02/2011 10:54:11 PM 709 Views
Penthouse letters is porn - 24/02/2011 12:52:31 AM 497 Views
Am I the only one thinking of The Exorcist here? - 25/02/2011 10:40:58 PM 661 Views
yes you are the only one thinking that *NM* - 25/02/2011 11:33:53 PM 202 Views
Yes that is a name - 21/02/2011 09:04:19 PM 668 Views
Inappropriate of course but child porn? Give me a break! *NM* - 22/02/2011 05:06:20 AM 272 Views
defamation maybe - 22/02/2011 04:21:03 PM 461 Views
Not sure if anyone else has asked this... - 25/02/2011 01:19:08 PM 768 Views
kids are video taped all the time at schools - 25/02/2011 02:05:38 PM 462 Views
School staff is one thing, outside sources are another. - 25/02/2011 02:56:20 PM 539 Views
most states run background checks and this guy may have had one run on him - 25/02/2011 03:19:58 PM 550 Views

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