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Literature=Moral Turpitude

By Larry

Customs and Border Protection in Newark detained British author Sebastian Horsley for eight hours before telling him that he was not welcome in the U.S. under the visa waiver program. The reason for this determination is that Horsely purports to be a drug user who has employed the services of prostitutes and also has worked as an "escort." According to the U.S., this amounts to moral turpitude and makes him inadmissible without a visa. Read the New York Times story on Horsley's blog.

Among the interesting questions this raises is who in CBP gets to decide what constitutes a moral failing? Is it based on community standards or do we know moral turpitude when we see it?

A somewhat more interesting question is what happens to Horsley and to CBP if it turns out that his literary persona is, in fact, more fiction than fact? Although the quotes in the article are coy in an Oscar Wilde sort of way, the clear implication is that his memoir is embellished. Consequently, Horsley might also need to worry about being grilled by Oprah.

Full post as published by Customs Law on March 20, 2008 (boomark / email).