Michael Diana was the writer, artist, and publisher of the small zine Boiled Angel. The zine contained Michael's original art, which dealt with child abuse, rape, and pedophilia in a very graphic style. The art contained depictions of mutilated genitals, rape, and bestiality. It also contained many images of people defiling religious items and pedophilic priests, which Michael had become very frightened of as a child. It wasn't published regularly, but instead photocopied and stapled whenever Michael had the time.

The zine had a very small readership of about 300, but somehow a copy fell into the hands of a police officer in California. Parts of the comic reminded him of an unsolved murder in Gainesville so he forwarded it to the Florida state authorities. (A few accounts say that the comic was found in a suspect's apartment, but there are varied accounts) Michael was asked to submit a blood sample to determine if he was killer. The test was negative and Michael was dismissed, but only after being warned that they felt "Boiled Angel" was obscene.

Against the officer's warnings, Michael then published Boiled Angel #7 and #Ate. Michael defending these actions later by saying he felt his material was protected under the First Amendment (which I agree with). After the Pinellas County Sheriff's Office learned of this, he was immediately arrested and charged under a Florida obscenity law.

In March of 1994 Michael Diana was convicted of "publishing, distributing, and advertising obscene material", becoming the first American artist to be convicted of obscenity. (A misdemeanor offense) The material in question was Michael's zine, "Boiled Angel", which, in fairly graphic depictions, dealt with child abuse, rape, and pedophilia. The jury agreed that his work "lacked serious literary, artistic, political or scientific value" when it was compared to Picasso's "Guernica" or "The Grapes of Wrath". After the weekend break, which Michael spent in a maximum security prison (without bail), this sentence was handed down:

• A three year probation, during which his residence is subject to inspection, without warning or warrant, to determine if he is in possession of, or is creating obscene material.
• No contact with anyone under the age of 18. (Which severely hampers his job as a convenience store clerk.)
• Must undergo psychological testing.
• Must enroll journalistic ethics course.
• Pay a fine of $3,000.
• Perform 1,248 hours of community service.

In short, it meant that Michael had no protected privacy, and a doodle on a napkin could send him to jail. His sentence was stayed soon afterwards when his defense lawyer, who was hired by The Comic Book Legal Defense Fund, filed an appeal. The first appeal failed after the prosecution used evidence gathered after the initial trial, which is usually unethical. Immediately following the first appeal the ACLU filed a brief on Michael's behalf, but it was turned down without comment from the Florida State Appellate Court. Realizing that they had little chance in Florida, in May of 1997 the Comic Book Legal Defense Fund in conjunction with the ACLU submitted a petition to the US Supreme Court to hear Michael's case. The Supreme Court turned down the petition with no comment, thus ending any possibility of overturned Michael's conviction.

Currently, Michael lives in New York City, where he was given permission to finish his sentence. He is fulfilling his community service by working for the CBLDF.

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