American Civil Liberties Union has asked a judge to dismiss what it calls an “unconstitutional” lawsuit against a national pedophile organization being sued in a wrongful death case after two of the group’s members brutally raped and murdered a 10-year-old boy.
The $200 million civil lawsuit, which charges the North American Man-Boy Love Association with wrongful death, was originally filed in Massachusetts Federal District Court on May 16.
As reported in WorldNetDaily, Salvatore Sicari and Charles Jaynes picked up fifth-grader Jeffrey Curley and took the boy to the Boston Public Library where Jaynes accessed NAMBLA’s website. Later, the men attempted to sexually assault Curley, but the boy fought back. Attempting to restrain him, Jaynes gagged the 10-year-old with a gasoline-soaked rag, eventually killing him. The men put Jeffrey’s body in a tub with concrete and threw it in a river.
According to Curley family attorney Larry Frisoli, Jaynes kept a diary in which he wrote that he turned to NAMBLA’s website in order to gain psychological comfort for what he was about to do. The killer had been stalking Curley prior to the boy’s murder and possessed various materials from the clandestine group.
The ACLU argues that the newsletters and other NAMBLA materials in Jaynes’ possession, which contain ”photographs of boys of various ages and nude drawings of boys,” are protected speech under the Constitution. The material does not ”urge, promote, advocate or even condone torture, mutilation or murder,” ACLU attorneys wrote. ”Examination of the materials that have been identified by the plaintiffs will show that they simply do not advocate violation of the law,” the dismissal motion states. ”But even if that were the case, speech is not deprived of the protection of the First Amendment simply because it advocates an unlawful act.”
Both killers are now serving life sentences. The family filed the lawsuit against NAMBLA and the Internet service provider that hosted its site, arguing their son might still be alive were it not for the group and its website.
But the ACLU believes NAMBLA is being unconstitutionally ”sued for their ideas.” According to court documents from the ACLU, the case raises ”profoundly important questions under the First Amendment,” because NAMBLA is not being sued for making any particular statements, but simply for creating an ”environment” that encourages sexual abuse.
”What they don’t like is what NAMBLA stands for,” said John Reinstein, legal director of the
Massachusetts chapter of the
ACLU. ”They don’t like their ideas or the notion that someone else would have accepted them,” he told the Boston Globe.
The Curleys won a $328 million wrongful death case against their son’s killers earlier this year, but since both men are penniless, Frisoli called it largely a moral victory.
WND reported in July that Frisoli was preparing a class-action lawsuit against NAMBLA. If NAMBLA loses the class-action suit, individuals and parents of children who were involved in sexual relationships with members will be able to collect damages.
According to Frisoli, NAMBLA has anywhere from 300 to 1,300 members, depending on which time period is selected for the lawsuit, translating to thousands of children that would constitute the class in the suit.