LAKELAND, FL- -- As Christmas draws near and Internet pornographer Chris Wilson sits alone in a Polk County jail cell, his lawyers are still working to free him. And they've been joined by the American Civil Liberties Union.
Wilson's already notorious case stirred up new controversy this week when a Polk County judge revoked his bail for continuing to operate his pornographic Web site after his Oct. 7 arrest on 301 obscenity charges.
Wilson's lawyer, Larry Walters of Orlando, argued that because the images posted on Wilson's Web site have not yet been legally determined to be obscene, Wilson has not broken any laws and therefore hadn't violated the conditions of his bail.
Also, Wilson moved from Lakeland to Orlando after his Oct. 7 arrest, and he was not living in the county when the new images were posted.
However, Circuit Judge Dale Durrance reviewed the new material Dec. 16 and said there was probable cause to believe it was obscene. He ordered Wilson held without bail until his trial.
Walters filed a motion Thursday seeking emergency relief from the Florida Supreme Court.
Also on Thursday, the ACLU, the Free Speech Coalition (a coalition that represents the adult industry) and the First Amendment Lawyer's Association together filed a brief with the Second District Court of Appeal asking that they reverse Durrance's decision and free Wilson.
In their brief, they said that Wilson's bail revocation and imprisonment "represents the greatest threat to the adult online industry . . . since the adult industry's inception."
They say that Wilson's arrest will have a chilling effect on operation of adult Web sites nationwide because prosecutors everywhere could effectively shut down any Web site with a single obscenity charge.
After that single charge, the ACLU brief argues, the Web site owner would be forced to shut down their Web site altogether or face the risk of being arrested again and held without bail -- as Wilson has. Even if the Web site owner is found not guilty, the ACLU argued, they will have been put out of business.
Until Wilson's Web site has been reviewed by a jury of his peers, the ACLU argued, it should be considered to be protected free speech.
Polk County Sheriff Grady Judd disagreed.
"Isn't it strange when people are charged with violating the obscenity law, they run and hide behind the First Amendment?" he said. "While they're running and hiding, they grab liberal attorneys, who make their money from the news coverage. People who don't violate the obscenity laws don't need the ACLU, a California attorney, attorneys for the pornography industry, and all other out of county attorneys, to defend them."
In response to the ACLU brief, Judd said, "I believe the obscenity investigation speaks for itself."
There are several people who live outside of Polk County who assist Wilson in running the Web site. When asked if they also might be charged with obscenity, Judd would only say, "The investigation is ongoing."
Polk County would have jurisdiction over anyone involved in running the Web site, even if they don't live in Polk County, as long as Polk County residents are able to view that Web site, Judd said.
"If obscene content is accessible in Polk County or Florida on the Internet, it's in violation of the law," Judd said.
