Home > News > Rapist May Write Porn, Judge Says • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Rapist May Write Porn, Judge Says

Rapist May Write Porn, Judge Says
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Dec 9, 2005 10:00 AM PST    Text size: 
BOSTON — In a bizarre case of First Amendment protection that could have far-reaching affects on the legal merits of literary pornography as free speech, a convicted child rapist has been cleared to sue his jailers after they punished him for writing child porn.

Joseph Schmitt, 40, was convicted of raping two children, a 10-year-old boy and a 9-year-old girl, in 1992. During the course of his eight-year prison term, Schmitt reportedly sold a number of pornographic stories featuring adults to the gay sex magazines Kinky Fetishes, Boy Next Door and Coming Out.

He also, officials said, tried to sell pornographic stories about children, some of which ended up in the hands of convicted rapists at other prisons.

That was enough to prompt officials at the maximum-security Cedar Junction prison in Walpole to take away Schmitt’s television, radio and telephone privileges for 10 weeks.

After which Schmitt turned around and promptly sued his jailers.

On Tuesday, U.S. District Court Judge Rya Zobel ruled that state prison rules are not explicit enough to have allowed Cedar Junction officials to punish Schmitt for his writing. The rules, she said, only prohibit inmates from distributing “pictorial” pornography, not literary porn.

“Without ruling on the merits of plaintiff’s allegations, plaintiff has stated a claim for denial of due process,” Zobel said in her decision.

Although Zobel denied Schmitt’s claims that his punishment had been too severe, she allowed his suit to go forward on free speech and due process grounds.

The outcome of the Schmitt case could touch at the heart of a much larger question than whether a prisoner is allowed his porn or not. Amidst the vast increase in federal obscenity prosecutions this year on the heels of Attorney General Roberto Gonzales’ infamous porn squad, several high-profile cases have been brought against purveyors of written pornography.

Most notably, as previously reported in Xbiz on Oct. 3, the FBI's anti-obscenity squad raided the Pittsburgh home of the owner of RedRoseStories.com, a text-only website devoted to erotic fiction. Charges have yet to be filed, but the high-profile case may prove an important test ground since written stories alone have never been the basis for obscenity prosecution.

Owner Red Rosie potentially faces obscenity charges for posting stories that allegedly involved bestiality, water sports, scat, bondage and domination, S&M, slavery, threesomes, orgies and sex with children.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

Porn ‘Public Health Crisis’ Is False, Dangerous

We are witnessing the early stages of a moral panic, the likes of which we have not seen since the Reagan Administration. As I write this, there are 27 states in the process of passing mandatory porn... More »

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!