Celebrate Comic-Con and the CBLDF’s 25 years of defending comics at the CBLDF 25th Anniversary Welcome Party! Image Comics and Threadless are pulling out all the stops for this year’s party with an astonishing gift bag for the first 200 attendees, stunning raffle gifts, and the launch of the new Threadless Comics Tee: Noir!
The Comic Book Legal Defense Fund welcomes today’s decision to bar enforcement of an Alaska criminal statute that the Federal District Court held threatened to reduce all speech on the Internet “to only what is fit for children.” The court permanently barred enforcement of that statute because it violates First Amendment rights of free speech.
The CBLDF participated as a plaintiff in a lawsuit brought by Alaska booksellers, librarians, a photographer, and other First Amendment and media organizations through the Media Coalition. Chief U.S. District Judge Ralph Beistline held that Senate Bill 222, which could have made anyone who operates a website criminally liable for posting material deemed “harmful to minors,” would have chilled free expression. “There are no reasonable technological means that enable a speaker on the Internet to ascertain the actual age of persons who access their communications,” the Court held. “Individuals who fear the possibility of a minor receiving speech intended for an adult may refrain from exercising their right to free speech at all – an unacceptable result.” [more…]
Please support the CBLDF’s defense of free speech issues like this by making a donation today!
UPDATED — The U.S. Supreme Court has just issued its decision in Brown v. EMA, striking down the California law that attempted to ban the sale and display of violent video games to minors in a 7-2 decision.
The majority decision, written by Justice Scalia, affirms that video games are protected by the First Amendment, and that the statute is invalid.
The Court writes:
The most basic principle—that government lacks the power to restrict expression because of its message, ideas,subject matter, or content, Ashcroft v. American Civil Liberties Union, 535 U. S. 564, 573—is subject to a few limited exceptions for historically unprotected speech, such as obscenity, incitement, and fighting words. But a legislature cannot create new categories of unprotected speech simply by weighing the value of a particular category against its social costs and then punishing it if it fails the test.
The court goes on to call the law’s aims “unprecedented and mistaken.”
The Comic Book Legal Defense Fund was active in opposing the law, filing its own Amicus Brief arguing that the California law was unconstitutional by citing a history of moral panics, most notably the anti-comics fervor that nearly dismantled the comics industry in the 1950s. The arguments presented in CBLDF’s brief were a significant portion of the discussion in oral arguments, and public discussion of this case.
UPDATE 1: The CBLDF’s arguments were also cited in the majority decision:
Many in the late 1940’s and early 1950’s blamed comic books for fostering a “preoccupation with violence and horror” among the young, leading to a rising juvenile crime rate. See Note, Regulation of Comic Books, 68 Harv. L. Rev. 489, 490 (1955). But efforts to convince Congress to restrict comic books failed. Brief for Comic Book Legal Defense Fund as Amicus Curiae 11–15.5 And, of course, after comic books came television and music lyrics.
The court more explicitly cites the comics industry’s history put forward in the brief with the footnote:
The crusade against comic books was led by a psychiatrist, Frederic Wertham, who told the Senate Judiciary Committee that “as long asthe crime comic books industry exists in its present forms there are nosecure homes.” Juvenile Delinquency (Comic Books): Hearings before the Subcommittee to Investigate Juvenile Delinquency, 83d Cong., 2dSess., 84 (1954). Wertham’s objections extended even to Supermancomics, which he described as “particularly injurious to the ethical development of children.” Id., at 86. Wertham’s crusade did convince the New York Legislature to pass a ban on the sale of certain comic books to minors, but it was vetoed by Governor Thomas Dewey on the ground that it was unconstitutional given our opinion in Winters, supra. See People v. Bookcase, Inc., 14 N. Y. 2d 409, 412–413, 201 N. E. 2d 14, 15–16 (1964).
CBLDF Executive Director Charles Brownstein says, “We’re extremely pleased that the Court’s decision preserves the First Amendment rights of the users and creators of video games, and that they resisted California’s desire to establish new categories of unprotected speech. We’re also gratified that our discussion of the comics industry’s painful experience with moral panic and legislative meddling helped inform the positive outcome we see this morning.”
More news and analysis on this case will be presented throughout the day.
Please support the CBLDF’s coverage and defense of free speech issues like this by making a donation today!
To paraphrase what the late Hunter S. Thompson used to write about Rolling Stone magazine deadlines and his portable telex machine: the CBLDF home office mojo wire is starting to hum. I’m late with my diary!
We’re rushing towards all sorts of deadlines.
No.
Let me rephrase that.
The deadlines are hurtling towards us!
Laura Hudson at Comics Alliance dug into the recent seizures of comics at the Canadian Border, speaking to CBLDF Executive Director Charles Brownstein and Tom Neely about the incidents, and sorting through “Canadian customs documentation to get the details on how this happened, the measures you can take to protect yourself and your comics when you’re crossing the border, the concerns this raises for comics fans, and a list of things that may get your comics flagged as obscene and confiscated (or worse).” It’s a terrific summary that presents a concise overview of the complex issue, and provides some excellent, plainspoken pointers about how to protect yourself and your comics. Read the full story here.
Please support the CBLDF’s coverage and defense of free speech issues like this by making a donation today!
CBLDF President Larry Marder takes you behind the scenes of the CBLDF Liberty Trading Cards with this first hand diary of his experiences putting the set together! Today he shows off how the set’s sketch cards came to be, and takes you with him as he visits Rob Liefeld & Scott McCloud to get them embellishing the cards!
Last weekend artist Tom Neely and publisher Dylan Williams were stopped and searched by Canada Customs on their way to the Toronto Comics Art Festival. Customs officers seized copies of two items they were bringing to the festival, Black Eye, an anthology of comics Neely contributed to, and Young Lions, a graphic novel by Blaise Larmee. The CBLDF caught up with Neely & Williams over email when they returned to the United States to learn more details about their ordeal. Full Story
Please support the CBLDF’s coverage and defense of free speech issues like this by making a donation today!
Available For Preorder Now! This summer CBLDF and Cryptozoic Entertainment are teaming up to bring you the CBLDF Liberty Trading Cards, a 72 card set telling the story of comics censorship, with a ton of great sketch and autograph chase cards by the greatest talent in the comics industry! This month the CBLDF will be showcasing spoilers and highlights from this exciting card set every Tuesday and Thursday, but today we hit the basics.
What Are The CBLDF Liberty Trading Cards?
This trading card set showcases the legal struggles comics have fought, from the historic 1950s Senate Subcommittee hearings and the 1970s conviction of Zap Comix to the modern day! This base set brings home the stories of the CBLDF’s battles. Comics retailers fighting for their lives against local authorities; artists being harassed by mammoth corporations; readers being attacked by the federal government — the Liberty Cards show the price of Free Speech!
In addition to the base set, special hand drawn sketch cards and autograph cards by some of the top talent in the comic book world will be featured! Erik Larsen, Charlie Adlard, Rob Liefeld, Frank Quitely and Terry Moore are just a few artists who will be doing sketch cards. Plus, autographs can be found from such names as Geoff Johns, Neil Gaiman, Jeff Smith, Gail Simone and Robert Kirkman.
ALL proceeds from this set benefit the Comic Book Legal Defense Fund. Ask Your Retailer To Preorder Yours Now!
Check back Thursday for a first look inside the set!
Release Date: Summer 2011
Packs: 5 cards per pack; 24 packs per box
MSRP: $3.50 pack
Base set: 72 Cards
Chase Sets: Two 9-card chase sets
Inserts: Autographs and Sketch Cards
Last weekend cartoonists crossed the border for TCAF, the Toronto Comics Art Festival, where several were greeted with intrusive customs searches that led to the seizure of at least two comics titles — Black Eye, an anthology, and Young Lions, a graphic novel by Blaise Larmee.
Tom Neely, a contributor to Black Eye was the first to release word of his ordeal through Facebook status messages. Neely explained that copies of the Black Eye anthology were seized, and would either be returned to him or destroyed, pending “further action,” prompting the cartoonist to write:
“I just hope “further action” doesn’t involve being arrested the next time I try to cross the border. They went through everything in our car. Opened every suitcase and looked through every book.”
In the The Comics Journal comments thread where the story broke, Black Eye editor Ryan Standfast noted that copies of Blaise Larmee’s Young Lions were seized from Sparkplug Comic Books publisher Dylan Williams.
Current coverage of this story includes: The Comics Journal, Ryan Standfast, Robot 6, and The Beat.
The CBLDF is investigating these incidents, and will continue to report on developments as they occur.
This incident is part of a recent, growing trend of customs searches and seizures of comics that the CBLDF has been following. The CBLDF has issued an advisory for travelers on crossing borders with comic book materials that is available here as a Word document, and here as a PDF file.
