Revisiting Lawrence Lessig and Hardwicke vs. American Boychoir School

On May 25th, 2005, I wrote the following about Lawrence Lessig :

Today we're all having one of those days : the four of us woke up somewhat askew. Whether it is allergies or a cold, we're not feeling well. So I decided to not take the kids to their usual martial arts class. But to minimize the askweness of the day, we followed part of our Monday "script" and procured the "start of the week" stash of candy.

And then, to make things more "different" I bought New York Magazine because this week's cover story caught my eye. Simply titled, The Choirboy, the hook goes : "The American Boychoir School in Princeton was a twisted sanctuary for the sexual abuse of children. Why is one of America's most famous lawyers taking it on? He was one of the victims". Needsless to say, I had to get this magazine. With all the child abuse scandals plaguing the Catholic Church, I was intrigued. So I immediately went on to page 28 while my two little boys were enjoying their Monday afternoon treat and I immediately broke down.

The lawyer and former abused choirboy is none other than Lawrence Lessig; a man who could only be described as force of nature on the internet.

There on page 29 of this week's New York Magazine, is a man that I have long admired, not just because of his books championing freedom of speach on the Internet, not just because he founded Creative Commons, but because Lawrence Lessig was one of the few people to come to our family's rescue and tell us "everything is going to be alright". Back in 1997 my husband became on of the first artists to be threatened with intellectual property lawsuits for derivative work displayed and distributed through the internet and Lessig was one of the few people who was able to offer some advice --because nothing like this had happened to any artists on the net.

It's because of this that nowadays, when working on a project, we always ask WWLLD? or "What would Lawrence Lessig do?" : We're not religious people but we do believe in the legal judgement of Lessig.

As one of the commenters over at Lessig's said, "Having high-profile, successful people step forward with their stories is important. It makes the burden easier to carry for others, and it shows in a practical way that though such a past will always -color- you to some degree, it doesn't need to -define- you."

Yet it's the fact that he took on this legal challenge after losing one of the biggest and most important legal fights in his area of special --copyright and intellectual property-- that is more poignant.

I all but forgot about the case until I checked my newsreader today. Lessig is looking to help a reader who needs legal representation to take a case of sexual abuse to court in Missouri. Just in passing he mentioned that the case he helped John Hardwicke champion was indeed decided in their favor.

The gist of it? That no corporate entity nor excutive board is free of prosecution for crimes committed under their administration, guardianship and watch --even in a state like New Jersey which has the Corporate Immunity Act of 1995.

Lessig points us to this document here but I actually found one of the judge's opinions on the case in a .DOC, dating to 2006. I turned HARDWICKE v. AMERICAN BOYCHOIR SCHOOL into an HTML page for easy reading.

All I have to say is : Bravo Prof. Lessig!

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