[JesseHousman]

Jeffrey Curley, 10 years young, RAPED by TWO GAY MEN and MURDERED.

Oct. 10, 1997

By MARTIN FINUCANE, Associated Press

BOSTON (May 16, 2000 8:23 p.m. EDT http://www.nandotimes.com) - The parents of a 10-year-old boy who was killed by two men after he resisted their
sexual advances filed a $200 million lawsuit Tuesday against the North American Man/Boy Love Association, claiming one of the killers was incited by the group.

Barbara and Robert Curley allege that NAMBLA "encourages its members to
rape male children." Their wrongful death suit filed in federal court also
claims that "NAMBLA serves as a conduit for an underground network of
pedophiles in the United States."

Jeffrey Curley was killed on Oct. 1, 1997. Salvatore Sicari was convicted
of first-degree murder in the case, while Charles Jaynes was convicted of
second-degree murder and kidnapping.

Prosecutors said the two young men were sexually obsessed with the boy,
lured him from his Cambridge neighborhood with the promise of a new bike
and then smothered him with a gasoline-soaked rag when he resisted their
sexual advances.

The lawsuit alleges that Jaynes joined NAMBLA in the fall of 1996, read the
group's publication and Web site and "became obsessed with having sex with
and raping young male children."

The message box at the North American Man/Boy Love Association phone
listing in New York City was full late Tuesday. The message said the
organization "speaks out against societal repression and celebrates the
joys of men and boys in love." ((men having GAY sex with children))

The lawsuit also names an Internet provider, Verio Inc., of Englewood,
Colo., saying it has violated its own policies by hosting the NAMBLA Web
site and is providing an international communication system for pedophiles.

A spokeswoman said the company hadn't reviewed the lawsuit and couldn't
comment.

[JesseHousman]

ACLUM Agrees to Represent Nambla in
Freedom of Speech Case


The ACLU of Massachusetts has agreed to represent the North American Man Boy Love Association (NAMBLA) in a civil lawsuit brought in U.S. District Court by the family of Jeffrey Curley.

The suit, an action for wrongful death and for civil rights violations, alleges that NAMBLA is responsible for the kidnapping, rape and murder of the 10-year-old boy by Charles Jaynes and Salvatore Sicari because its publications and the material which appeared on its Internet site "urged the general public to illegally rape male children." The plaintiffs claim that Jaynes and become a member of NAMBLA approximately one year prior to the murder and that, as a result of reading its publications and the material on its web site, "became obsessed with having sex with and raping young male children."

NAMBLA, which takes the position that sexual relationships between men and boys can be appropriate and should be legal, is considered to be one of the most controversial organizations in the United States.

ACLUM Executive Director John Roberts described the concerns which prompted ACLUM to take on NAMBLA’s defense. "While we join with all others in deploring the heinous crimes committed against Jeffrey Curley, two people have been convicted of his murder and are serving life sentences. The Curley lawsuit seeks millions of dollars in damages against NAMBLA because one of the murderers allegedly looked at the organization’s publications and web site prior to committing the crimes. There was nothing in those publications or web site which advocated or incited the commission of any illegal acts, including murder or rape."

The web site contained materials that advocated for legislative change of age-of-consent laws concerning sex between adults and adolescents and included statements by various writers, including Allen Ginsburg and Camille Paglia, references to academic journals about sexuality, some fiction and poetry, and a clear statement against coercive sex or breaking the law. NAMBLA’s publications, principally the NAMBLA Bulletin, contain the same types of material, interspersed with eroticized depictions of young boys.

ACLUM Legal Director John Reinstein, who is one of the lawyers representing NAMBLA in the suit, acknowledged that "I think it is fair to say that most people disagree with NAMBLA and that many would find its publications offensive. Regardless of whether people agree with or abhor NAMBLA’s views, holding the organization responsible for crimes committed by others who read their materials would gravely endanger important First Amendment freedoms."

Reinstein maintains that in "Brandenburg v. Ohio", the Supreme Court has made it clear that a speech or publication is protected under the First Amendment unless it is ‘directed to inciting or producing imminent lawless action and is likely to incite or produce such action.’ NAMBLA’s materials are simply not in this category. While NAMBLA may extol conduct which is currently illegal, its materials fall far short of speech that may be prohibited. If that rule were to be changed to allow a suit like this one, it would introduce a regime of conformity to majority rule that would threaten the very right to dissent."

While intent on pressing their suit against NAMBLA, the Curley family has acknowledged ACLU’s concerns. In a Boston Globe article which appeared shortly after the ACLU entered the case, Jeffrey Curley’s father, Bob Curley, is quoted as saying that he harbors no ill feelings toward the ACLU for defending the case. "I really do have respect for them (ACLU)", said Curley. "They are very consistent in whom they defend. It takes a lot of nerve to defend the groups they have over the years. They have a lot of courage."

A legal brief filed in the case can be read online at:

NAMBLALegalBrief
ACLU statement on defending free speech of unpopular organizations