Kent Blackwelder of Tennessee has filed a $4-million lawsuit against Delaware-based Specialty Publications which promotes adult gay material. His 12-year-old daughter opened an unsolicited mailer and was shocked to see photos of naked men having sex.
, identified only as Mary Doe, was curious about the envelope. The outside said it contained a "Free DVD", and Mary apparently believed it was an offer from Disney. She excitedly opened the envelope and was shocked and embarrassed to find not a Disney cartoon, but the DVD "Titan Men's Farm Fresh," and promotional material for a gay adult magazine. The promotional items included explicit photos of naked men engaged together in various sexual positions.
Mary Doe was horrified and ran immediately to show her father what she had discovered in the envelope. Her father stated that he, too, was disgusted, embarrassed and enraged. So enraged that he has filed the suit seeking $4 million in damages.
The suit alleges the company flagrantly violated federal law governing the mailing of sexually oriented advertisements.
"As a result of the negligence of Specialty Publications, the [Blackwelders] have sustained great pain of body and mind and emotional stress, including shock, horror, humiliation and embarrassment as well as anxiety," according to the lawsuit.
Court papers show that Blackwelder is seeking $350,000 in compensatory damages plus $3.5 million in punitive damages.
Specialty Publications has declined comment on the lawsuit.
I was curious about the "unsolicited" statement. I wondered if the only way someone could mail pornographic material to someone would be only if they requested that material.
What I discovered was rather surprising. According to
US Code 39, part IV, Chapter 30 it is the responsibility of the individual to file with their local post office, stating that they do not want pornographic material mailed to their home. On top of that, they may be responsible for any expenses incurred by the Postal Service in order to screen their mail for such material as they may deem offensive.
That being said, I don't see how this man can win this suit, but it bothers me that the law errs on the side of the pornographic solicitors instead of the general population.
Does anyone else have a problem with this? I had always been under the impression that such material had to be
solicited in order to show up in someones mailbox, but I was obviously wrong.
Father Files $4-Million Lawsuit After 12-Year-Old Subjected to Gay Porn
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