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Comic Book Legal Defense Fund Urges Supreme Court to Reject New Restrictions on Speech in Video Game Censorship Case


Comic Book Legal Defense Fund today filed a friend-of-the-court brief in Schwarzenegger v. EMA, urging the Supreme Court to affirm the Ninth Circuit’s decision that a California law banning the sale or rental of any video game containing violent content to minors, and requiring manufacturers to label such games, is unconstitutional.

The Comic Book Legal Defense Fund submits that, if allowed to stand, California’s law would reverse fundamental First Amendment principles by creating a new category of unprotected speech, diminishing the First Amendment rights of minors, and reducing First Amendment protection for new media. The CBLDF argues that the law under review is the most recent example of government improperly attempting to regulate content by using junk science, and calls upon a history of moral panics against media that includes the 1950s crusades against comics that crippled the industry and harmed the art form. The CBLDF asks the Supreme Court to deny California this attempt to roll back protections guaranteed by the First Amendment, as it and other courts have correctly done in the past.

Read on for the full release, and brief.

Yale Hosts “Superheroes in Court! Lawyers, Law and Comic Books” Exhibit

The Yale Law Library is hosting “Superheroes in Court! Lawyers, Law and Comic Books,” an exhibition of rare comics highlighting the cross section of comics and the law, in the real world and on the comics page. The exhibit is curated by Mark Zaid, a national security lawyer.

Writing about the show for the New York Times, John Schwartz highlights artifacts on display showcasing comics’ censorship challenges:

And, as with all works of literature, the comics have spawned First Amendment disputes, in this case pitting free speech against the dangers of harming young psyches with depictions of things like crime and horror. The show displays a report to the United States Senate, “Comic Books and Juvenile Delinquency,” from 1955, and an American Civil Liberties Union report from the same year, “Censorship of Comic Books.”

The exhibit runs until December 16. Highlights are also on view at the Yale Law Library Rare Books Blog.

THE CBLDF PRESENTS LIBERTY ANNUAL 2010

Berkeley, CA – 10 September 2010 – Image Comics and the Comic Book Legal Defense Fund are proud to launch the most exciting edition of their annual benefit anthology yet! THE CBLDF PRESENTS LIBERTY ANNUAL 2010 is powered by the donated time and energy of comic book luminaries to benefit the Comic Book Legal Defense Fund.

CBLDF’s LIBERTY ANNUAL 2010 boasts 48 incredible pages of story and art celebrating Free Expression! Previous volumes, published by Image Comics under the title CBLDF’s Liberty Comics, have so far raised more than $50,000 for the Fund.
Available Now!

Job Opportunities At CBLDF

The CBLDF is currently hiring for a new Development Manager, and has a variety of volunteer opportunities available in our New York home office, and for telecommuters. Read on to learn how you can be a part of the team that protects comics’ First Amendment rights!

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.

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.

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 this 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.

Introducing CBLDF’s Education & Outreach Initiative

Betsy Rosenblatt, the CBLDF’s Advisory Chair for Education & Outreach outlines some easy ways you can support the CBLDF’s mission, from creative fundraising to helping us improve our education program. Read on for full details!

A Word from CBLDF’s Advisory Chair For Education & Outreach

Hello!

I’m Betsy Rosenblatt, the new CBLDF Advisory Chair for Outreach and Education. What does that mean? It means that I’ll be volunteering for the CBLDF—and, I hope, working with some of you—to get the word about the CBLDF out to new communities: lawyers, librarians, donors, readers, and everyone else.