Imagine traveling to another country and having your comic books and electronic devices seized. Then, you’re arrested because of the books you read. This may seem like a horror story, but for one comics reader, it’s come true. The Comic…
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CBLDF Forms Coalition to Defend American Comics Reader Facing Criminal Charges In Canada
The Comic Book Legal Defense Fund today announces that it is forming a coalition to support the legal defense of an American citizen who is facing criminal charges in Canada that could result in a mandatory minimum sentence of one year in prison for comics brought into the country on his laptop. This incident is the most serious in a trend the CBLDF has been tracking involving the search and seizure of the print and electronic comic books carried by travelers crossing borders.
CBLDF Executive Director Charles Brownstein says, “Although the CBLDF can’t protect comic fans everywhere in every situation, we want to join this effort to protect an American comic fan being prosecuted literally as he stood on the border of our country for behavior the First Amendment protects here, and its analogues in Canadian law should protect there.”
The CBLDF has agreed to assist in the case by contributing funds towards the defense, which has been estimated to cost $150,000 CDN. The CBLDF will also provide access to experts and assistance on legal strategy. The CBLDF’s efforts are joined by the recently re-formed Comic Legends Legal Defense Fund, a Canadian organization that will contribute to the fundraising effort. Please contribute to this endeavor by making a tax deductible contribution here.
The facts of the case involve an American citizen, computer programmer, and comic book enthusiast in his mid-twenties who was flying from his home in the United States to Canada to visit a friend. Upon arrival at Canadian Customs a customs officer conducted a search of the American and his personal belongings, including his laptop, iPad, and iPhone. The customs officer discovered manga on the laptop and considered it to be child pornography. The client’s name is being withheld on the request of counsel for reasons relating to legal strategy.
The images at issue are all comics in the manga style. No photographic evidence of criminal behavior is at issue. Nevertheless, a warrant was issued and the laptop was turned over to police. Consequently, the American has been charged with both the possession of child pornography as well as its importation into Canada. As a result, if convicted at trial, the American faces a minimum of one year in prison. This case could have far reaching implications for comic books and manga in North America.
The CBLDF’s Board of Directors voted unanimously to aid the case by raising funds to contribute to the defense and to help the defense with strategy and expert resources.
Brownstein says, “This is an important case that impacts the rights of everyone who reads, publishes, and makes comics and manga in North America. It underscores the dangers facing everyone traveling with comics, and it can establish important precedents regarding travelers rights. It also relates to the increasingly urgent issue of authorities prosecuting art as child pornography. While this case won’t set a US precedent, it can inform whatever precedent is eventually set. This case is also important with respect to artistic merit in the Canadian courts, and a good decision could bring Canadian law closer to US law in that respect. With the help of our supporters, we hope to raise the funds to wage a fight that yields good decisions and to create tools to help prevent these sorts of cases from continuing to spread.”
Find out more on the case here. To help support the case, you can make a monetary contribution here.
About CBLDF
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 nonprofit organization dedicated to the preservation of First Amendment rights for members of the comics community. They have defended dozens of Free Expression cases in courts across the United States, and led important education initiatives promoting comics literacy and free expression. For additional information, donations, and other inquiries call 800-99-CBLDF or visit them online at www.cbldf.org.
About CLLDF
The Comic Legends Legal Defense Fund was founded in 1987 to raise money for the defense of a Calgary, Alberta comic shop whose owners were charged with selling obscene materials. The CLLDF has since been maintained on an ad hoc basis to provide financial relief for Canadian comics retailers, publishers, professionals, or readers whose right to free speech has been infringed by civil authorities. Largely dormant since the early 1990s, the CLLDF is reforming to provide support for this case, and reorganizing to ensure that help will be readily available for future cases involving Canadian citizens or authorities. To help the CLLDF in this mission, please go to www.clldf.ca.
Comics Seized by Canadian Border Officials
The Canadian Border Services Agency is known for seizing materials depicting horror, violence, and sexuality, and their scrutiny of comics is on the rise. Any comic, graphic novel, or manga brought into Canada is subject to their searches, whether in…
Advisory: Crossing International Borders
(The following CBLDF Advisory is also available here as a Word document, and here as a PDF file.) The Comic Book Legal Defense Fund has received an increasing number of reports from travelers who have been stopped, searched, and/or detained…
Customs
CBLDF Case Files – Canada Customs Case Imagine traveling to another country and having your comic books and electronic devices seized. Then, you’re arrested because of the books you read. This may seem like a horror story, but for one…
Larry Marder’s CBLDF Liberty Cards Diary #11
Hello Friends of Liberty!
The Comic Book Legal Defense Fund is a non-profit organization is dedicated to protecting First Amendment rights of the comic book community. That means all of us: creators, publishers, distributors, retailers, librarians, and fans. It’s CBLDF’s mission to spring into action whenever and wherever we are needed to protect freedom of speech.
We are living in transitional times. In the past, much of the suppression of free speech focused on comic book shops. As the 21st century unfolds, some overzealous people forget how the constitution guarantees our rights to express ourselves without the censorship or impediment of government.
Cryptozoic Entertainment Launches Free Digital Comics App, Benefitting CBLDF
We first teamed up with Cryptozoic Entertainment to create the CBLDF Liberty Trading Cards, with proceeds going to the Fund. We’re taking a second step in our partnership and our shared dedication to Free Speech as Cryptozoic enters the world of digital publishing. Cryptozoic has launched a comic reader with top-quality content for the iPad™, iPhone™, and iPod Touch™, with a percentage of the profits dedicated to benefit CBLDF.
To celebrate the exclusive release of Blizzard™ manga on the Cryptozoic Comics app, Cryptozoic is offering a free download of the full 160-page manga, Warcraft: Legends Vol. 1, for the first week of its release (through June 2nd)!
Membership
Make a stand for free speech by joining CBLDF today! We’re in uncertain times where the CBLDF’s efforts are more important than ever. It’s unclear how government — federal, and especially local — will treat the First Amendment. CBLDF is…
CBLDF & Dark Horse Cheer Free Speech Victory in Ninth Circuit!
The Comic Book Legal Defense Fund and Dark Horse Comics applaud a decision issued by United States Court of Appeals for the Ninth Circuit holding that two Oregon statutes that criminalize distributing sex education and other non-obscene materials to minors are unconstitutional in violation of the First Amendment. The State of Oregon argued that the statutes applied only to “hardcore pornography,” but the Ninth Circuit found that they applied to much more, including Kentaro Miura’s manga “Berserk,” Judy Blume’s “Forever,” and Margaret Atwood’s “A Handmaid’s Tale.” The plaintiffs did not challenge Oregon’s existing law making it a crime to contact a minor with the intent of having sexual contact. CBLDF and Dark Horse were among the plaintiff group challenging the statutes.
Mike Richardson, publisher of plaintiff Dark Horse comics says, “We were extremely happy to see these statutes overturned. Our Constitution’s First Amendment was intended to keep the hands of the government off the printing presses of America. Creators everywhere can breath a sigh of relief that these laws, open to interpretation and likely to be abused, have been put down.”
Full announcement and text of decision follow the jump!
Corporate Members
ABRAMS Founded by Harry N. Abrams in 1949, ABRAMS is the preeminent publisher of high quality art and illustrated books. Now a subsidiary of La Martinière Groupe, ABRAMS is the publisher of bestsellers such as the wildly popular Diary of…