Monday, August 25, 2008

RECENTLY RECEIVED FROM ANGRY DRUNK GRAPHICS:

Marc,
We are having a benefit at the Asbury Lanes in Asbury PArk NJ, on Saturday Septemebr 6th at 8pm, to help Mike DIana pay off the rest of his legal fees from when he was arrested for his comic.
A ton of artists are donating art to be auctioned off for this; Danny Helman, Pete Bagge,Johnny Ryan, Steve VIncent, Roman Dirge, Sam Henderson, Hollie Stevens, Mike Stoneorad, Sergio Zuniga, Ran Jones and a lot more.

We have great bands playing like HUNCHBACK, Reactor Radio, Hit the Ground, 241'ers, The Takers Canine10.

All proceeds go to Mike's legal fees anything left over will go the Comic book Legal Defense Fund (who will also have a table there).

Maybe you can let people know.


Here is the info on mIke Diana
Mike Diana, the controversial creator of the 'zine "Boiled Angel," is the first American artist ever to be convicted of obscenity. His work contains graphic and often shocking depictions of society's most serious problems: child abuse, date rape, and religious corruption.

Diana was first charged with obscenity after an undercover Florida detective posed as an artist to obtain copies of "Boiled Angel." In a week-long case in March of 1994, a Florida jury found Diana guilty of publishing, distributing, and advertising obscene material. They agreed that his work "lacked serious literary, artistic, political or scientific value" because it did not compare to such works as "The Grapes of Wrath" or Picasso's "Guernica."

Diana was sentenced to a three-year probation, during which time his residence is subject to inspection, without warning or warrant, to determine if he is in possession of, or is creating obscene material. He is to have no contact with children under 18, undergo psychological testing, enroll in a journalistic ethics course, pay a $3,000 fine, and perform 1,248 hours of community service.

Two appeals to the State Appellate Court failed to have the case reversed or reheard in Florida. During the first appeal process, the prosecution used evidence gathered after the original trial, a move usually considered unethical. The courts refused to accept an amicus brief submitted by the ACLU, and responded 'without comment' to the second and final appeal.

Two of the three counts under which Diana was convicted were endorsed by the Appellate Court. The only count that was judged incorrect was the conviction for "advertising obscene material." The Court agreed with Diana's attorney that it was improper to convict someone for advertising material that had not been created yet, since the artist could not, at the time, know the nature or character of the work.

In May of 1997 the CBLDF and the ACLU submitted a petition to the U.S. Supreme Court to hear Diana's case. George Rehdart, a well-known First Amendment attorney, assisted in preparing the petition. The Supreme Court denied the petition "without comment," thereby ending all possibility of overturning Diana's conviction.

Mike Diana is currently living in New York, where he was granted permission to serve out his sentence. He is fulfilling his community service obligation through volunteer work for the CBLDF.

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