Roe et al. v. McClellan, No. PS010050 (Cal. Super., L.A. County injunction issued Aug. 24, 2007).

Status: Injunction affirmed, B203651 (Cal. App., 2d Dist. Jan. 15, 2009).

Jack McClellan operated websites, www.stegl.org and www.stegl.info (both no longer accessible), which included photographs of clothed girls, aged three to 11, taken at public events, as well as a listing of public events at which such girls were likely to be present. The site, whose initials apparently stood for “Seattle-Tacoma-Everett Girl Love,” stated that its primary purpose was “to promote association, friendship; and legal, nonsexual, consensual touch (hugging, cuddling, etc) between men and prepubescent girls.” Previously, McClellan’s site focused on events in California. Several parents from Santa Clarita, Cal. sought an injunction barring McClellan from physical locations where children congregate and from posting photographs of minors on his site. A California Superior Court judge immediately issued a permanent injunction, without holding a hearing. McClellan appealed, but the appellate court upheld the injunction despite the procedural error. “McClellan is not prohibited from espousing his controversial views,” the appellate court held. “Rather, he is prohibited from his continuing course of conduct to harass, attack, assault, stalk, and keep under surveillance minor children, as to do so places the children in danger and is threatening to them.”

Links and Court Documents:

http://news.cnet.com/8301-13578_3-10149724-38.html

http://www.volokh.com/posts/chain_1185636205.shtml

http://abclocal.go.com/kabc/story?section=news/local&id=5536136

http://www.cbsnews.com/stories/2007/07/30/earlyshow/living/parenting/main3110525.shtml

http://www.nytimes.com/2007/08/15/us/15pedophile.html

Appellate docket: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1144953&doc_no=B203651

Appellate decision: http://www.ldrc.com/RoevMcClellan.pdf

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