CBLDF Joins Challenge To Alaska Censorship Law
CBLDF joins a coalition of organizations and local booksellers filing suit to block a broad Alaska censorship law that bans constitutionally protected speech on the Internet on topics including contraception and pregnancy, sexual health, literature, and art and also threatens retailers of books, magazines, movies and other media.
Signed in May by Governor Parnell and effective July 1, the law, Section 11.61.128 of the Alaska Statutes, imposes two severe restrictions on the distribution of constitutionally protected speech on the Internet and in book and video stores and libraries. The law could make anyone who operates a website or communicates through a listserv criminally liable for nudity or sexually related material, if the material can be considered “harmful to minors” under the law’s definition. In effect, it bans from the Internet anything that may be “harmful to minors,” including material adults have a First Amendment right to view. Also, a bookseller, video retailer, or librarian can be prosecuted if he or she is unaware that it contains nudity or sexual content and unknowingly sells, rents, or loans a book, video, magazine or other media to a minor whether online or in a brick and mortar location. Violators of either part of the law can be sentenced to up to two years in prison, must register as sex offenders and could be forced to forfeit their business.
“This overbroad and unconstitutional law is a clear and present danger to cartoonists and retailers in the State of Alaska,” says CBLDF Executive Director Charles Brownstein. “The internet is the modern marketplace of ideas, and this law infringes on the ability of artists to present works they feel are within their rights to offer online. Likewise, the penalties to retailers are too severe. No retailer can know the contents of each and every book they sell, and the risk of prison time and being listed as a sex offender for selling the wrong book to the wrong customer will impose an impermissible chill on their right to sell protected speech.”
Plaintiffs in the suit against state attorney general Daniel Sullivan are the American Booksellers Foundation for Free Expression, the Alaska Library Association, the American Civil Liberties Union of Alaska, the Association of American Publishers, Bosco’s Inc. the Comic Book Legal Defense Fund, Don Douglas Photography, the Entertainment Merchants Association, Fireside Books, the Freedom To Read Foundation, and Title Wave Books.
Since there is no way for websites to determine the age of an Internet browser and there is no way to block Internet users from Alaska regardless of the location from which the website originates, the law threatens Internet users nationwide and even worldwide. The suit seeks to have the law declared unconstitutional and void on its face, and to enjoin the state from enforcing it, on the basis of the First and Fourteenth Amendments of the U.S. Constitution, and the Constitution’s Commerce Clause.
“While this Act may have been motivated by the desire to protect children from sexual predators on the Internet, its effect is much broader,” said Jeffrey Mittman, executive director of the ACLU of Alaska. “Its inevitable effect, if permitted to stand, is that Internet content providers will limit the range of their speech. There are no reasonable technological means that allows Internet users to ascertain the age of anyone who might access their online communications and then restrict access for minors.”
In 1997, the U.S. Supreme Court ruled unanimously in Reno v. ACLU to invalidate a federal law, the “Communications Decency Act,” on First Amendment grounds, because it similarly restricted online communication. In 2003, the Third Circuit invalidated a second such federal law, the “Child Online Protection Act,” in ACLU v. Mukasey. Additionally, seven state laws containing similar content-based restrictions for online communication have now been struck down or enjoined as unconstitutional, in cases brought by Media Coalition members and ACLU affiliates in Virginia, Vermont, Michigan, New Mexico, Arizona, South Carolina, and New York.
“Courts have repeatedly rejected laws that lead to this sort of self-censorship,” said Michael Bamberger of Sonnenschein Nath & Rosenthal LLP, general counsel of Media Coalition and counsel in the case. “We should have adequate safeguards to protect children, but those safeguards cannot unreasonably interfere with the rights of adults to access materials protected by the First Amendment.”
The plaintiffs in the case represent a range of speakers, content providers, and access providers who post and discuss online content such as resources on preventing HIV transmission, visual art and images, literature, and books and resources for gay and lesbian people. If this law is struck down, it will not limit the state’s ability to prosecute child pornography, speech intended to entice minors into inappropriate activity, or harassing speech.
Robert Corn-Revere Named CBLDF Legal Counsel
The Comic Book Legal Defense Fund is pleased to announce the engagement of Robert Corn-Revere as the organization’s new legal counsel. Bob will lead the CBLDF’s legal program, serving as the first responder to First Amendment emergencies that come to the organization’s attention, as well as providing guidance and assistance to the comics community on legal issues that impact their First Amendment rights. He succeeds legendary First Amendment advocate Burton Joseph, who passed away earlier this year.
Corn-Revere is one of the country’s most prominent First Amendment experts, with extensive publications and litigation experience. He is a partner in the firm Davis Wright Tremaine for whom he specializes in First Amendment law and communications, media and information technology law. His litigation highlights include serving as co-counsel for respondent in U.S. v. Stevens, in which the Supreme Court invalidated a federal law prohibiting depictions of “animal cruelty” as a violation of the First Amendment; and as lead counsel in United States v. Playboy Entertainment Group, Inc., where the Court struck down Section 505 of the Telecommunications Act of 1996. He currently is serving as counsel for CBS in litigation against the FCC in cases challenging fines arising from the 2004 Super Bowl half-time show, and the FCC’s application of broadcast indecency rules to “fleeting expletives.” He also successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history, to the late comedian Lenny Bruce in a landmark pro bono case.
On joining the CBLDF as counsel, Corn-Revere says, “It is an honor to be asked to advise and support the comic book industry, which has been no stranger to significant First Amendment challenges over the years. It is particularly meaningful to me to follow in the footsteps of my friend and mentor Burt Joseph. I only hope to live up to his example.”
CBLDF President Larry Marder says, “The Comic Book Legal Defense Fund strives to provide the comics industry with the best First Amendment advocacy and education possible, and with Bob joining our team, we’re poised to do that job better than ever!”
CBLDF Executive Director Charles Brownstein says, “Bob joining as counsel completes a trifecta in terms of establishing changes that will allow us to better perform our mission. The Board of Directors adding Dale Cendali, a leading intellectual property attorney, to serve alongside entertainment attorney and long-time board member Louise Nemschoff, gives us a solid trust of legal talent to draw from at the Board level. Creating the Advisory Chair for Education and Outreach and appointing Betsy Rosenblatt, the Director of the Center for Intellectual Property Law at Whittier Law School, gives us the ability to better channel the resources of volunteers to create more and better education tools. Bob is an exciting addition to that group. His extensive experience and passion for the First Amendment rounds out the Fund’s powerhouse legal team, and insures that we’ll be able to serve the comics community even better in the years to come!”
CBLDF Announces Changes To Board of Directors
The Comic Book Legal Defense Fund announces changes to its Board of Directors made at the board’s meeting at Comic-Con International. Chris Powell stepped down as President, citing successfully meeting the goals he set upon taking the presidency in April of 2009 as the reason for the change. Powell will remain on the Board as a director. Larry Marder, the creator of Beanworld, and editor of CBLDF’s Liberty Annual 2010 was elected to succeed Powell as President. Dale Cendali, a nationally recognized leader in the field of intellectual property, joins the Board as a director.
On leaving the presidency, Chris Powell says, “I always had specific goals for the Fund that I wanted to accomplish during my term as President, and thanks to the solid efforts of my fellow board members, and the CBLDF office, we’ve been able to meet those goals in just over a year. Specifically, we relocated into a larger space that will allow us to perform our program work better, got a new website up and running, streamlined our donation processing to make our donors’ experience better, and implemented new policies that will guide the Fund as a growing organization. I’m comfortable stepping aside now to focus more on my other pursuits, and to see Larry Marder help guide the Fund into new heights of fundraising and outreach.”
Larry Marder was elected unanimously as Powell’s successor. Entering the position, Marder says, “I’m a life long believer in the words of the First Amendment. Freedom of speech is not a privilege –it is a constitutionally guaranteed right to every American regardless of his or her political beliefs. Attempts to censor artistic expression must always be challenged.” Marder adds, “2011 will be the 25th anniversary of the founding of the CBLDF. Now, as then, it is our responsibility to remain vigilant and aggressively protect the First Amendment rights of the entire comic book community of creators, retailers, publishers, and readers. I’ll continue to work hard to maintain and expand our relationships with that community, and to oversee the Fund as a transparent, responsive force for good in this industry.”
Dale Cendali joined the board at the meeting. Cendali is a partner in the prestigious law firm of Kirkland & Ellis, where she heads the firm’s Copyright, Trademark and Internet Practice Group. She has successfully litigated and tried numerous high profile cases and has argued before the United States Supreme Court. Her clients include myriad prominent individuals and companies who rely on her for her expertise in copyright, trademark, patent, Internet, trade secrets, defamation, false advertising, privacy and contractual matters. She has extensive experience representing clients in the entertainment, consumer products and technology sectors. Managing Intellectual Property Magazine named her trial victory for J.K. Rowling in the well-known “lexicon” fair use case the “Copyright Trial of the Year.” When she is not trying cases, Dale is an avid comic book collector and fan and has been since she was five years old. She is a big believer in comics as an artform and is deeply committed to the arts since her days as President of the Yale Dramatic Association.
Cendali says, “I am honored to be joining this distinguished group and in helping the CBLDF fulfill its mission supporting comic books and their creators.”
Under the leadership of Larry Marder, the Comic Book Legal Defense Fund’s board is: Joe Ferrara – Vice President, Milton Griepp – Treasurer, Louise Nemschoff – Secretary, Dale Cendali, Peter David, Neil Gaiman, Steve Geppi, Paul Levitz, and Chris Powell.
Announcing: CBLDF Presents Liberty Comics 2010!
What do Frank Miller, Jeff Smith, Geoff Johns, Jim Lee and Image Comics have in common? They all support the Comic Book Legal Defense Fund, which protects your right to make, sell and read the comics you love. Image Comics is showing its continued support for the CBLDF with the publication of CBLDF Presents: LIBERTY COMICS 2010 this October.
The CBLDF is a non-profit organization dedicated to the protection of the First Amendment rights of the comics art form and its community of retailers, creators, publishers, librarians and readers. The CBLDF provides legal referrals, representation, advice, assistance and education in furtherance of these goals.
CBLDF Presents: LIBERTY COMICS is the annual ensemble of comic book greats, all of whom have donated their time and energy to support the CBLDF. With two issues published to date, CBLDF’s LIBERTY COMICS has raised over $50,000 for the Fund.
CBLDF’s LIBERTY COMICS 2010 will feature some of the best in the industry, including a new The Boys story by GARTH ENNIS & ROB STEEN, the first new Megaton Man adventure by DON SIMPSON in over a decade, an all-new Milk & Cheese story by EVAN DORKIN, a preview of The Contrarian by SCOTT MORSE, a new Conan tale by DARICK ROBERTSON, Boilerplate by ANINA BENNETT & PAUL GUINAN and “Why We Fight!” by LIBERTY COMICS editor LARRY MARDER.
CBLDF’s LIBERTY COMICS will also feature all-new short stories and illustrations by GEOFF JOHNS & SCOTT KOLINS, FRANK MILLER, GABRIEL BÁ & FÁBIO MOON, PAUL POPE, JEFF SMITH, TERRY MOORE, DAVE GIBBONS, BRIAN AZZARELLO & JILL THOMPSON, ROB LIEFELD, COLLEEN DORAN and SKOTTIE YOUNG as well as all new covers by JIM LEE and DARICK ROBERTSON. Design for the entire package is contributed, as always, by Richard Starkings and John Roshell from Comicraft.
“The comics community would be at a great loss without the CBLDF around to protect our First Amendment rights,” says Marder. “CBLDF Presents LIBERTY COMICS is such a great way both creators and comics fans can show their support. Creators break into their busy schedules, donating their time and creativity. Fans can express their appreciation by purchasing CBLDF’s LIBERTY COMICS from the CBLDF or from their favorite comics shop. I think this year’s CBLDF’s LIBERTY COMICS will be the most diverse and cool issue yet!”
Adds Image Comics Publisher Eric Stephenson, “We’ve always been enthusiastic in our support for the CBLDF, but it’s both an honor and a pleasure to be involved with the many fine creators donating their talents to CBLDF’s LIBERTY COMICS. Larry’s put together an outstanding book this year!”
The CBLDF Presents LIBERTY COMICS 2010, a 48-page full-color comic book from Image Comics, will be available October 6, 2010. All proceeds will benefit the First Amendment legal work of the Comic Book Legal Defense Fund!
Image Comics is a comic book and graphic novel publisher founded in 1992 by a collective of best-selling artists. Image has since gone on to become one of the largest comics publishers in the United States. Image currently has five partners: Robert Kirkman, Erik Larsen, Todd McFarlane, Marc Silvestri and Jim Valentino. It consists of four major houses: Todd McFarlane Productions, Top Cow Productions, Shadowline and Image Central. Image publishes comics and graphic novels in nearly every genre, sub-genre, and style imaginable. It offers science fiction, romance, horror, crime fiction, historical fiction, humor and more by the finest artists and writers working in the medium today. For more information, visit www.imagecomics.com.
CBLDF Relocates New York Headquarters!
The Comic Book Legal Defense Fund is pleased to announce that it is relocating its headquarters to a larger space in New York City. Effective June 1, the new CBLDF address is
255 W. 36th Street,
Suite 501,
New York, NY 10018.
All other contact information remains the same. The CBLDF will be closed until Monday, June 7 while setting up the new office, but can still be reached by emailing info@cbldf.org, or leaving a voice message at 212.679.7151 or 800-99-CBLDF.
Because of the office relocation, fulfillment of memberships and premiums is delayed. If you have already placed an order and it is behind, please feel free to email info@cbldf.org with concerns or questions. If you are interested in placing an order today, please note that our fulfillment operations will resume on Wednesday, June 9th. Thank you for your patience and support during this transition.
“Relocating to the heart of the Midtown West neighborhood into this new space is an essential part of the CBLDF’s growth campaign,” says CBLDF Executive Director Charles Brownstein. “Our new space will allow us to open up to wider options of volunteer programs, fundraising and education work, and to improve our efficiency to better serve our contributors.”
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit 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.
Welcome To The New CBLDF.Org!
The Comic Book Legal Defense Fund is a community of people who love comics and recognize the First Amendment as the cornerstone of the medium’s creative vitality. The new CBLDF.org is designed to reflect and serve that community, with frequently updated news about comics, free expression, and the people who are taking strides to keep both healthy and strong.
Now, and in the weeks to come, you’ll find regular updates about the state of Free Expression, and informative articles about the CBLDF’s supporters and the work they do. You’ll also find better resources about the Fund’s history, along with tools concerning comics censorship and how to fight it.
This page is a work in progress, so we ask for your patience as we work out the kinks. We also ask you to get involved. We are always seeking writers, educators, lawyers, artists, and students to join the ranks of contributors who will make CBLDF.org a vibrant hub of activity in the fight for free speech. You can contact me, Charles.Brownstein@cbldf.org, to lend your voice to our efforts.
For more than 20 years the CBLDF has stood up against those who’d censor comic books because of the grassroots effort of passionate supporters who believe in comics and free speech. Thank you for bringing us this far. Let’s see what we can do together to make the future of Free Expression in comics even stronger!
– Charles Brownstein,
Executive Director
The CBLDF Salutes Chicago With A World Class C2E2!
This weekend the Comic Book Legal Defense Fund lands in the windy city with an incredible array of events and exclusives for our supporters at the inaugural edition of C2E2! Join us for An Evening with Neil Gaiman with special items from CBLDF, BPAL & Neverwear; Signings with Tony Harris; an exclusive new print by Gaiman and Harris; and the launch of the CBLDF Exclusive Benefit BPAL fragrance Banned in Boston!
On Saturday, April 17, at 7PM Neil Gaiman will be giving his only reading in 2010 to benefit the Comic Book Legal Defense Fund in the Arie Crown Theater at McCormick Place! The last time Neil Gaiman performed theatrical readings was ten years ago on the “Last Angel Tour.” On that tour, he crisscrossed the country, giving sold-out readings of stories and poems, both new material and beloved tales. That was ten years ago. In those ten years, Mr. Gaiman’s published such books as American Gods, Coraline, and The Graveyard Book. He’s made movies and operas. He even started keeping a blog. A generation has grown up who have not seen an evening with Neil Gaiman — until now.
For One Night Only. Neil Gaiman. Only for the CBLDF, and only at C2E2!
Tickets for An Evening With Neil Gaiman are available at C2E2 Registration at McCormick Place on the 2nd Floor or the CBLDF booth 933, starting Friday. Admission is $20 for C2E2 Badge Holders and $35 for the General Public not attending the convention. For more information, please visit: http://c2e2.com/en/Events/Neil-Gaiman/
To commemorate Neil Gaiman’s triumphant return to Chicago, Tony Harris, the award-winning artist of STARMAN, EX MACHINA, and WAR HEROES has illustrated an all-new print based on the unpublished poem “In Relig Oran,” which Gaiman will premiere for the first time at “An Evening With Neil Gaiman!” Unsigned copies of this gorgeous full-color 11 x 20 print will be available for a $20 donation to CBLDF at C2E2.
Harris will also be appearing at the CBLDF booth (933) to sign copies of the print, and his graphic novels. Harris will also be creating one commissioned piece of original art per day. Harris appears at the CBLDF booth:
Friday – 4:00 to 6:00 PM
Saturday: 12:00 to 2:00 PM
Sunday: 12:00 to 2:00 PM
Terry Moore, the award winning creator of ECHO and Strangers in Paradise premieres a brand new print to benefit the Fund at C2E2. A beautiful 11 x 17 presentation of the original black and white line art from the cover of the upcoming Echo #22, this print is only available for donation to the CBLDF!
The Black Phoenix Alchemy Lab, creators of unique fragrances based on literary and artistic works, are coming to Chicago in force with a variety of new fragrances to benefit the work of the Comic Book Legal Defense Fund at booth 951! New fragrances include BANNED IN BOSTON & the NEVERWHERE family of scents. Details include:
BANNED IN BOSTON
“Banned in Boston” was a phrase coined in the 19th century that was used to describe material, be it a motion picture, photograph, literary work, or other work of art, that contained objectionable or obscene content. Boston city officials and the Watch and Ward Society took their lead from the Comstock Law, which prohibited obscene materials from being distributed via the US Mail service, and formed their own strict censorship guidelines. Provocative or offensive material was prohibited from distribution or exhibition within Boston city limits.
The effect was much like that of the RIAA’s Parental Advisory tags: if something was Banned in Boston, it only served to pique interest and spike sales or attendance.
Obscene, lewd, lascivious, and decidedly objectionable. A filthy, post-coitus scent: sweaty and sweet, laced with laudanum, splashed with booze, and stained by tobacco.
(Please note: the Banned in Boston label is NSFW)
NEVERWHERE
ANESTHESIA
A scent that slips through the cracks: peppermint, lavender, bergamot, and mandrake.
MR. CROUP
Pompous and predatory: tonka bean, black musk, bourbon geranium, and crushed porcelain.
DOOR
Golden honey, nicotiana, blue chamomile, and cistus.
THE FLOATING MARKET
A cacophony of curious scents: copaiba balsam, petitgrain, citrus rind, sinicuichi accord, betel nut, wasabi root, coconut palm, and wattleseed layered atop innumerable strange herbs, spices, and woods.
HUNTER
Leonine amber, tanned hides, clove, and clary sage.
LAMIA
Deadly elegance: pale orchid, vanilla amber, black currant, white peach, champaca, coconut, Arabian myrrh, Burmese vetiver, and oude.
THE MARQUIS de CARABAS
A splash of bay rum, leather, dusty black wool, massoia bark, and opium residue.
NIGHT’S BRIDGE
Stone and darkness.
THE RAT SPEAKERS
A snuffling, brown scent: earthy patchouli, sage, russet sandalwood, grimy leather, fig leaf, and lemongrass.
MR. VANDEMAR
Dark and gangly, with a glint of razor-sharp stainless steel behind it: opopponax, costus, black pepper, black sandalwood, and polished metal.
THE VELVETS
Smooth inky musk, cathedral incense, ylang ylang, violet leaf, rose-infused amber, red sandalwood, and iris.
The Neverwhere scents are part of an ongoing not-for-profit project, and proceeds from the sales of all Neil-inspired perfumes go to benefit the Comic Book Legal Defense Fund, which works to preserve and protect the First Amendment rights of the comics community.
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Join The CBLDF Today!
Donation Rewards!
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Announcing: CBLDF Presents Liberty Comics 2010!
What do Frank Miller, Jeff Smith, Geoff Johns, Jim Lee and Image Comics have in common? They all support the Comic Book Legal Defense Fund, which protects your right to make, sell and read the comics you love. Image Comics is showing its continued support for the CBLDF with the publication of CBLDF Presents: LIBERTY COMICS 2010 this October.The CBLDF is a non-profit organization dedicated to the protection of the First Amendment rights of the comics art form and its community of retailers, creators, publishers, librarians and readers. The CBLDF provides legal referrals, representation, advice, assistance and education in furtherance of these goals.
CBLDF Presents: LIBERTY COMICS is the annual ensemble of comic book greats, all of whom have donated their time and energy to support the CBLDF. With two issues published to date, CBLDF’s LIBERTY COMICS has raised over $50,000 for the Fund.
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Premium – Strangers in Paradise Omnibus, Lettered Edition!
Terry Moore and Black Phoenix Alchemy Lab have teamed up to create an extraordinary donation reward for the CBLDF – The Strangers in Paradise Omnibus Lettered Edition!
Limited to just 26 copies, with fewer than 10 left in the CBLDF’s stock, the SiP Omnibus Lettered Edition includes: One set of the strictly limited, and completely sold-out, three-volume hardcover SiP Omnibus edition, an original drawing by Terry Moore, and a bottle of “Parker Lily,” a fragrance based on the beloved series, created by Black Phoenix Alchemy Lab, and also limited to just 26 bottles! This extremely limited edition is available for a $500 donation to the Comic Book Legal Defense Fund. Get Yours Now!
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Premium – Who Killed Amanda Palmer Signed by Neil Gaiman and Amanda Palmer
Neil Gaiman and Amanda Palmer, the first couple of modern misfit lit, present a unique collection of photography and stories. This beautiful, hardcover, full color book boasts photography by Kyle Cassidy, Beth Hommel, and others, and is signed by Gaiman and Palmer to benefit the CBLDF! -
Premium – 100 Bullets Vol. 8 The Hard Way Softcover Signed by Brian Azzarello
Outspoken CBLDF supporter Brian Azzarello signs this explosive 100 BULLETS collection! Reprinting 100 BULLETS #50-58, unraveling the tangled mystery of the Trust as Wylie Times becomes the latest Minuteman to be reactivated by the Trust’s one-time enforcer Agent Graves. But which side will he choose? Plus, an introduction by crime novelist Jason Starr (Twisted City, Tough Luck). -
Premium – RASL Volume 1 The Drift Softcover Signed by Jeff Smith
Jeff Smith launches an all-new adventure series, and signs this special oversized edition to benefit the CBLDF! RASL is a stark, sci-fi series about a dimension-jumping art thief, a man unplugged from the world who races through space and time searching for his next big score – and trying to escape his past. In this first of three graphic novels, Rasl faces an assassin’s bullet and stumbles across a mystery that not only threatens to expose his own illicit activities, but could also uncover one of the world’s most dangerous and sought after secrets!
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Announcing: CBLDF Presents Liberty Comics 2010!
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community.
The CBLDF complies with all federal, state and local laws regarding discrimination and/or harassment and any concerns should be directed to Chris Powell, President
Copyright © 2010 CBLDF | 
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