Putting one's thoughts on paper can be a risky business.
Defendant Edwin Kane found that out when a sentencing judge considered some of his published advice on how to train a wife and how to defraud the government in rebuffing his bid to avoid jail.
Now, a federal appeals court, in United States v. Kane, 05-2714-cr, has rejected Kane's argument that his First Amendment rights had been violated by the use of his books and has upheld his incarceration.
When Kane was sentenced for defrauding the Federal Housing Administration and the U.S. Department of Housing and Urban Development, he offered in mitigation evidence that he was a good and caring man who was given to random acts of kindness.
But Kane had written a few books, including "Mastering the Art of Male Supremacy: Training Techniques on the Home Front," which endorsed using "a rolled up newspaper on the rump once in a while." Another of Kane's books gave tips on how to run real estate and mail order schemes.
Western District of New York Judge Charles Siragusa found that his writings undermined Kane's evidence of good character and sentenced him to two years in prison.
On his appeal, Kane claimed that his First Amendment rights had been violated by Siragusa's consideration of his books.