THE LIBERTY LOBBY

ACLU asks federal judge to dismiss case against man-boy sex group (The Associated Press, 07.18.01)

A group that promotes sex between men and boys asked a federal judge yesterday to dismiss a lawsuit brought by the parents of 10-year-old Jeffrey Curley, who was murdered by one of the group's members.

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

Last year, the boy's parents, Barbara and Robert Curley, filed a $200 million wrongful death lawsuit against the North American Man/Boy Love Association, claiming Jaynes was incited by the group.

In court yesterday, lawyers with the Massachusetts chapter of the American Civil Liberties Union, which is defending NAMBLA in the lawsuit, said that even though many people may find the group's beliefs repugnant, its publications and Web site are protected under First Amendment guarantees of freedom of speech.

"We contend that the First Amendment was intended to apply exactly to organizations like this. If we can't protect their rights, then the rights of other organizations are all at risk," said John Reinstein, legal director of the Massachusetts ACLU chapter.

Lawrence Frisoli, a lawyer for the Curleys, said the boy's death was a direct result of the encouragement Jaynes received from NAMBLA to sexually attack young boys.

"The lawsuit is about NAMBLA training Charles Jaynes to rape kids," Frisoli said.

Given what Justice Scalia aptly refers to as the Court's new "sweet-mystery-of-life" standard--that "At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."--it is not apparent why having sex with children is actionable at all. Posted by Orrin Judd at July 20, 2003 1:14 PM