Here's a chilling story from the New York Times -- how far does the First Amendment go to protect the speech of a pedophile about his perverse predilections?

The search for the self-described pedophile in the large-brimmed black hat commences nearly every day here, with findings posted on chat rooms frequented by mothers.

He was spotted at a fair in Santa Clarita. He recently emerged from the Social Security office on Olympic Boulevard. He tapped away on a computer at the library in Mar Vista. Warnings have gone out. Signs have been posted.

And yet unlike convicted sex offenders, who are required to stay away from places that cater to children, in this case the police can do next to nothing, because this man, Jack McClellan, who has had Web sites detailing how and where he likes to troll for children, appears to be doing nothing illegal.

But his mere presence in Los Angeles — coupled with Mr. McClellan’s commitment to exhibitionistic blogging about his thoughts on little girls — has set parents on edge. One group of mothers, whose members by and large have never met before, will soon band together in a coffee shop to hammer out plans to push lawmakers in Sacramento to legislate Mr. McClellan out of business.

“Just the idea that this person could get away with what he was doing and no one could press charges has made me angry,” said Jane Thompson, a stay-at-home mother in East Los Angeles who recently read Mr. McClellan’s comments about a festival in her neighborhood in which he seemed to be describing her child.

The sick thing here is that I see no legitimate way to shut down this sick bastard's website or limit his activities. After all, he has committed no crime, is legitimately in public places, and carefully treads a fine line to avoid inciting criminal acts.

The observation of law professor/blogger Eugene Volokh really sums up the problem well.

“It is an interesting case,” said Eugene Volokh, a law professor and First Amendment expert at the University of California, Los Angeles.

Professor Volokh cited a federal statute that bars the posting of bomb-making information on the Web, and suggested that a similar statute banning information that helps people find children to molest could be enacted, perhaps. But simply providing information about where children gather was not likely to constitute such a crime, he said.

In terms of children’s images, he said: “The general rule is pictures of people in public are free for people to publish. Now if it is without permission and the person is a child and he suggests the children are sexual targets, you can imagine a court saying this is a new First Amendment exception. But it would be an uphill battle.”

So how can we respond to a sick man like this, one who is engaged in legal activities in fulfillment of his sickest fantasies? Through vigilance and publicity.

Interestingly enough, the New York Times is behind the game. FoxNews wrote about this sick puppy in March.

Posted by: Greg at 05:48 AM | No Comments | Add Comment
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