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CBLDF Wishes You a Happy Fourth of July

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Happy Fourth of July! As we spend the day celebrating the United States, watching fireworks, and enjoying barbeques, let’s also remember the fight for our freedoms, a fight that required the founding of a brand new nation. Not least of those freedoms: The freedom to say what’s on our minds!

Let’s also remember the people around the world who don’t have the same right the Free Speech, including some of our own citizens when they travel abroad.

Please celebrate the holiday by supporting CBLDF’s defense of Free Speech with a donation today!

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The Good Fighters: TFAW’s Andrew McIntire and Elisabeth Forsythe

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To help fund its fight for Free Speech, CBLDF relies on many people, including the retailers who keep us in comic books and graphic novels. Retailers support us by becoming members, leaving a collection can on the counter, and putting on events in their stores to benefit CBLDF.

In the case of Things From Another World’s Senior Director of Retail Operations Andrew McIntire and Marketing Manager Elisabeth Forsythe, helping CBLDF has become a bit of an obsession. Three years ago, they launched an annual campaign to collect original art donations for CBLDF’s auction at Comic-Con International, helping the Fund raise thousands of dollars in the process. Each summer, they dedicate themselves to soliciting and gathering donations from comics creators around the world, making sure CBLDF has an amazing array of original art up for bid. From this art, they make a series of autograph cards that both promote the auction and CBLDF.

McIntire and Forsythe are both diehard comics fans, with a knowledge and love for the medium that few can stand up to. They’re off to a good start with this year’s auction, as you can see here, and we took a moment to talk to them about CBLDF and their perspective on Free Speech as retailers in this edition of The Good Fighters.

Please support the CBLDF’s defense of Free Speech by making a donation or becoming a member today!

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CBLDF Applauds Ruling Invalidating Alaska Censorship Law!

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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!

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CBLDF Looks to Canada Customs Case

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Last week, CBLDF announced that we are forming a coalition to defend a new case involving an American citizen facing charges in Canada that could result in a minimum sentence of one year in prison and registering as a sex offender.

In 2010, an American citizen, computer programmer, and comic book enthusiast in his mid-20s 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 deemed it child pornography. 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.

Since the announcement, more information about the case emerged in the ensuing media coverage. more

CBLDF needs your help! Please make a monetary contribution here. Find out more on the case here. If you or someone you know is traveling internationally, please read our Advisory on traveling with comics before getting on the plane.

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Supreme Court Protects First Amendment Rights for Entertainment & New Media in Brown v. EMA Decision

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“California’s effort to regulate violent video games is the latest episode in a long series of failed attempts to censor violent entertainment for minors.”
—Justice Antonin Scalia in the majority opinion on Brown v. EMA

CBLDF is delighted to be celebrating the resounding victory in Brown v. EMA that came with yesterday’s 7-2 Supreme Court decision, a victory that dismantles the same pseudoscience that fueled the attacks on comic books in the 1950s.

Brown v. EMA (formerly Schwarzenegger v. EMA) pertains to a California law that restricted the sale of violent video games to anyone under age 18, citing that violence is harmful to minors. Previous decisions in the case ruled the law unconstitutional under the First Amendment. California appealed these decisions to the Supreme Court.

CBLDF filed an amicus brief on the case, arguing that the law was unconstitutional and a response akin to the moral panic that fomented around comic books during the 1950s. Justice Scalia’s majority opinion both referenced the CBLDF amicus brief and called to mind past concerns over comic books:

Many in the late 1940s and early 1950s blamed comic books for fostering a “preoccupation with violence and horror” among the young, leading to a rising juvenile crime rate….But efforts to convince Congress to restrict comic books failed.

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Please support the CBLDF’s defense of free speech issues like this by making a donation today!

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CBLDF General Counsel Robert Corn-Revere Weighs in on Brown v. EMA Decision

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Supreme Court Invalidates California Law Restricting Violent Video Games

(This article also available in MS Word and PDF.)

By a vote of 7-2, the Supreme Court held that a California law restricting the sale or rental of “violent” video games violates the First Amendment. Justice Scalia wrote the majority opinion for the Court, reasoning that the state legislature could not create new categories of speech that are unprotected by the Constitution, and that the California law failed to survive strict First Amendment scrutiny. The Supreme Court decision applies broadly to all media and not just to video games.

The Court drew upon the history of comic book censorship in reaching its conclusion. Citing the amicus brief filed by the Comic Book Legal Defense Fund, it noted the crusade against comics led by Dr. Frederic Wertham and observed that it was inconsistent with our constitutional traditions. The Court traced the history of censorship that targeted various media directed toward the young and held that restricting depictions of violence could not be justified under established principles of First Amendment law.

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CBLDF Cheers Free Speech Victory in Brown v. EMA!

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The Comic Book Legal Defense Fund applauds today’s Supreme Court decision to affirm the First Amendment rights of creators, readers and retailers by denying states the ability to create new restrictions on violent content in Brown v. EMA. In a 7-2 decision, the high court struck down a California law that would have banned the sale and rental of violent video games to minors and would have made violence a new category of unprotected speech.

The CBLDF was active in opposing the law and filed 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 part of the discussion in oral arguments and cited in the Court’s majority decision.
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Please support the CBLDF’s defense of free speech issues like this by making a donation today!

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BREAKING — CBLDF Cheers Free Speech Victory in Brown v. EMA!

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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!

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CBLDF Forms Coalition to Defend American Comics Reader Facing Criminal Charges In Canada

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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.

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Larry Marder’s CBLDF Liberty Cards Diary #12

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Hi, Friends of Liberty!

Welcome to the 12 installment of our behind the scenes sneak peeks of CBLDF Liberty Trading Cards.

Past posts have centered on depictions of fan-fave characters created by well known artists like Matt Wagner, Stan Sakai, James Kochalka, Jeff Smith, Erik Larsen, and Todd McFarlane.

Today, I’m going to show you some of the more off-beat cards I’ve had the pleasure of discovering in the increasingly large treasure trove of one-of-a-kind artist sketch cards that are amassing in the Cryptozoic Entertainment Loot Vault.

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