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Re: [ARSCLIST] Recordings of lynchings?



Indeed, lynching is a heinous crime.  Putting aside the questionable
ethics of trading in such items,
what is the legality of selling such an artifact? 

Just because the vendor does not know the particular history of a
lynching, does not mean that it is OK or legal.

I am no lawyer, but assume that ignorance is not a valid excuse for
breaking the law. Neither is the precedent that the item has already
been published.

I understand that some countries have "hate crime" legislation that
helps prevent this kind of trade.


JK





John Kelcher
Disc Preservation Archivist
Sound Archives/Nga Taonga Korero
PO Box 1531
Radio New Zealand House
Level 1, 51 Chester Street West
Christchurch
Phone  +64 3 374 8446
Cell + 64 027 496 9935
Fax  + 64 3 374 8448
www.soundarchives.co.nz 

>>> david_breneman@xxxxxxxxx 29/10/2007 9:11 a.m. >>>
--- Marie OConnell <Marie.OConnell@xxxxxxxxxxxxxxxxxxx> wrote:

> The  postcard may be evidence of a serious crime. The victim's
> family
> could be deeply hurt by the circulation of this image. Surely it
> would
> be better kept in a reputable institution than circulating with
> unknown "collectors"?


I would say that such a photo is indisputably evidence of a
heinous let alone serious crime, but who is equipped to decide
whether the purchaser is a "reputable" or "non-reputable"
archive?  And if the image has been published, even with the
vile intent of celebrating the crime, it's unlikely that the
object sold is a piece of previously unknown evidence that
could reopen a long closed case.


David Breneman         david_breneman@xxxxxxxxx 

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