Let an EXCELSIOR be an EXCELSIOR, and let sleeping LOLS lie

It's more like the fact that you can draw a million bank robber cartoons, but if you're on trial for robbing a bank they can't really use those as evidence unless there's a clear link.

On preview, that would be the clear link, right? Even so, that's kind of a slippery slope because by introducing a presumably fictional account, you're showing material that a false account could be based on.

check the references in the wiki dudes

reference is blocked by my company

there are a few reasons why the cartoons might be inadmissible under evidence law, but I don't think the first amendment is one of them.

So I guess the court would have a hard time making a conviction stick if Stephen King turned into a car and killed some people.

there are a few reasons why the cartoons might be inadmissible under evidence law, but I don't think the first amendment is one of them.

This is what I was thinking.

guys they sent him to jail for drawing a v unfunny cartoon and thats somehow against the constitution or w/e idk

I'm guessing the wiki article is not adequately or accurately explaining the overturning of the conviction. Just a hunch.

lag∞n otm

now can we go after that xkcd guy?

I would imagine that what they mean is

1) One or more of the counts of his conviction were based directly on the comic strip, i.e. he was convicted of drawing the comic strip

2) As for actually molestation of his daughter, the comic strip was inadmissible as evidence

It basically says it was overturned due to the DA's apparent prejudice and that 3000 of his cartoons were used in evidence. It also says his daughter was a "suicidal cocaine addict" but that's on slightly shakier ground

what the hell is going on? this doesn't seem like lols

Like I said upthread, I get it if the sole evidence that he molested his daughter was "he draws a cartoon about molesting women"; I'm operating under the possibly unreasonable assumption that the prosecution went to trial with more evidence than just that.

xp: thx to esteemed ILX lawyer Hurting2 for better explaining my bewliderment; my assumption was that no competent prosecuting attorney would bring up the cartoons without an actual link, like say matching an instance of the daughter's abuse to a scenario drawn in the cartoon (which should be easy to defend against anyway regardless of 1st Amendement concerns)

there are a lot of bad attorneys who might take the easy road to slam dunk a case against a larry flynt employee

Might depend on the state, but generally I don't think you could use "He draws a cartoon about molesting women" as evidence of molestation even if you had a lot of other evidence of the molestation. One exception might be if he had drawn a cartoon depicting a specific incident that had already happened -- you might be able to get it admitted as an "admission" by the defendant. Or similarly if it depicted a plan to carry out molestation in a specific way. But I think it would have to be more than just a similar scenario. There might be other ways to get such a thing admitted that I'm not thinking of - there are a bajillion hearsay exceptions.

this thread is going way off topic

cool excelsior thread so far

come for the laughs, stay for the discussion of child molestation

it's like a metaphor for life

i'm imagining the law & order courtroom proceedings:

"objection! the cartoons are not relevant to the charges against my client."
"the cartoons speak directly to the defendant's state of mind, your honor"
"hm... i'll allow it. but tread carefully, mr. mccoy."

iirc Chester the Molester was basically Hustler's answer to the New Yorker cartoons.

loooool

Christ, what an asshole would probably work for those too

ew

CHESTER CHESTER CHILD MOLESTER

so much fun to say out loud, seriously you guys are way overthinking this

"seriously you guys are way overthinking this"

hi dere ilx.

irl lol from the current WDYLL:

you are TOTES steampunk, E

― Peppermint Patty Hearst (VegemiteGrrl)

Oh, great.

― wolf kabob (ENBB)

Now you need a steel hotair balloon and a patchwork leather overcoat. And a silly bicycle.

― Peppermint Patty Hearst (VegemiteGrrl)

http://laist.com/2011/04/22/gang_members_tattoo_depicting_crime.php

An interesting tattoo can definitely be a conversation starter, but for one gang member, it proved to be the key to determining he was the perp in a cold case murder. The tattoo, seen in 2008 by Los Angeles County Sheriff's Homicide Detective Sergeant Kevin Lloyd in a photograph of gang member Anthony Garcia, depicted a shooting outside a liquor store.

Recognizing the image as the scene of a 2004 murder he was familiar with from a past post as a sergeant at Pico Rivera Sheriff's Station, Lloyd initiated an effort to apprehend Garcia, whose tattoo made him a prime suspect.

The tattoo showed a victim being shot outside a Pico Rivera liquor store by a hovering helicopter; the victim is a "peanut man," making him a rival gang member to Garcia, whose nickname is "Chopper." Details from the tattoo match the real life scene of the murder of 23-year-old John Juarez. "The direction that the shots were actually fired matched those in the tattoo," explain the LASD.

Garcia was arrested in October 2008, and he confessed to the crime while in custody.

Anthony Garcia was booked that day for murder. On Wednesday, April 20, 2011, Garcia was convicted by a jury of first degree murder with gang enhancements. He faces sentencing on May 19, 2011, in Norwalk Superior Court.

Did you see the follow-up to that story? His dad and two of his girlfriends recently got busted for arranging to get unemployment checks for him while he was in jail from beforehand.

my assumption was that no competent prosecuting attorney would bring up the cartoons without an actual link

Sadly, your assumption is perhaps not justified by actual practice.

wrong thread, omar??

Well, it's germane to the derail

tattooing pictures of federal crimes you've committed onto your own body is some hardcore shit

I miss the Excelsior thread. RIP.

yeah more c-words

here's a good one:

who was it who had the whole rant about how many weird layers of abstraction there are in muppet babies? like...it's a cartoon version, of baby versions, of puppet versions of various species of animals? it really is pretty fucked up

― some dude, Wednesday, March 7, 2012 5:30 PM (1 hour ago)

I miss the Excelsior thread. RIP.

― Aimless, Wednesday, March 7, 2012 12:37 PM (5 minutes ago) Bookmark Flag Post Permalink

the excelsior has always been the worst

What's the song in which the guy fucks a girl in the ass and calls it art?

― Exile in lolville (Alfred, Lord Sotosyn), Wednesday, March 7, 2012 8:04 AM (4 hours ago) Bookmark Flag Post Permalink

Thunder Road

― the Hilary Clinton of Ghostface Killahs (Phil D.)

lol i sw that ned, i also noticed he was collecting nearly the max amount of unemployment, which makes me wonder what level of taxable income he had.

His dad and two of his girlfriends recently got busted for arranging to get unemployment checks for him while he was in jail from beforehand.

can't wait to see a tattoo of this

just my luck that I get excelsiored twice in one day in the middle of a bloody derail

;_;

"two of his girlfriends"?

9.4mm thick, 1.4 pounds

― I GUESS THAT CINNABON GETTIN EATEN (Edward III), Wednesday, March 7, 2012 1:50 PM Bookmark Flag Post Permalink

that's a weirdly shaped penis

― flagp∞st (dayo), Wednesday, March 7, 2012 1:53 PM Bookmark Flag Post Permalink

or an incredibly dense one

"two of his girlfriends"?

Read on:

http://latimesblogs.latimes.com/lanow/2012/03/convicted-killer-unemployment.html

The father and two girlfriends of 26-year-old Anthony Garcia, who is serving a 65-years-to-life sentence for murder, are accused of burglary, false statements and conspiracy to commit grand theft, according to prosecutors. Juan Garcia, 47, Sandra Jaimez, 45, and Cynthia Limas, 25, are due to appear in a Whittier court for arraignment Monday, prosecutors said.

No new charges were filed against the younger Garcia, who confessed to the 2004 murder outside a Pico Rivera liquor store after an investigator recognized the scene on his tattoo four years later. He is being held in Men’s Central Jail, according to the sheriff department’s inmate system.

The three defendants are accused of cashing checks from October 2008 to August 2010, and filing change of address forms on Anthony Garcia’s behalf, according to prosecutors. Some of the money was deposited to his jail account and also shared with other gang members, prosecutors said.

So I guess the court would have a hard time making a conviction stick if Stephen King turned into a car and killed some people.

― Offal Waffle (Deric W. Haircare), Thursday, March 8, 2012 3:46 AM (6 hours ago) Bookmark Flag Post Permalink

Dying @ this

same dude also once got pulled over for a ticket and watched the cop who pulled him over get run over by a truck

again, not "porn"

― Vaseline MEN AMAZING JOURNEY (DJP), Wednesday, March 7, 2012

Did that mean he wasn't cited?

― Morning becomes apopleptic (Michael White), Wednesday, March 7, 2012

that was the exact same question we asked

they mailed the citation to his home address

― Vaseline MEN AMAZING JOURNEY (DJP), Wednesday, March 7, 2012

"I went on a date with an otherwise cute girl who wore a "Trogdor the Burninator" shirt and said at least one 4chan meme to me, unprompted, out loud."

THIS DOES NOT SOUND WEIRD IT SOUNDS AWESOME

― Medical Dance Crab With Lesson (Trayce), Thursday, March 8, 2012 5:51 AM (15 minutes ago) Bookmark Flag Post Permalink

what if that 4chan meme was you gonna get raped

― some crap (electricsound), Thursday, March 8, 2012 5:52 AM (14 minutes ago) Bookmark