Category: Legal

Why SAGA #12 Is Protected By the First Amendment

Earlier this week controversy spread over the temporary ban of Saga #12 on comiXology’s iOS app because of two small depictions of gay sexual content within the context of a larger sequence of images. The images in question appear on…

Apple Bans SAGA #12 Because of Gay Sexual Content

Earlier today word spread that Apple is refusing to offer the most recent issue of SAGA by Brian K. Vaughan and Fiona Staples within iOS Apps.  Vaughan issued the following statement regarding the ban: As has hopefully been clear from…

TONIGHT: The Trial of Zap Comix Presentation in NYC

Tonight in NYC, see Charles Brownstein, Executive Director of the Comic Book Legal Defense Fund present “The Trial of Zap Comix:  Comics, Counterculture & Obscenity in NYC” at the NY Comics & Picture Story Symposium. This presentation explores People v. Kirkpatrick a…

Defending Manga: The Ryan Matheson Story

The Comic Book Legal Defense Fund is proud to release Defending Manga: The Ryan Matheson Story, a short documentary video recounting the young American citzen’s fight for justice after being wrongfully accused of criminal activity because of fantasy and humor…

Obscenity Case Files: Pope v. Illinois

Miller v. California set the standard for identifying obscene material that is not protected by the First Amendment. However, some portions of the standards set by Miller are clearer than others. In this edition of the Obscenity Case Files, we’ll…

Ninth Circuit Limits Search of Electronic Devices at U.S. Borders

Due to concerns over national security, government agents at the United States border have traditionally had greater leeway in regards to an individual’s Fourth Amendment rights, but recently there have been growing concerns that such leeway has been stretched to…

Court Upholds Law that Led to Tucson Book Ban

The Huffington Post reports that a federal court judge has upheld most of the provisions Arizona’s HB 2281, “a law banning courses that promote the overthrow of the U.S. government, foster racial resentment, are designed for students of a particular…

Federal Judge Rules That Missouri Library Cannot Block Pagan Websites

Early last year, the ACLU of Eastern Missouri filed a lawsuit charging the Salem Public Library with unconstitutional censorship for blocking internet access to information about minority religions in a case that called on the protections afforded to both religion…

Obscenity Case Files: The Miracle Decision

Before 1952, movies were not provided and protection from censorship under the Constitution. Things changed in 1952 thanks to Roberto Rossellini, Federico Fellini, and an amorous interlude between a wanderer named Saint Joseph and a disturbed peasant who believes herself…

Georgia Bill Possible Threat to Parody, Protected Speech

For the second year in a row, there is a bill in the Georgia legislature that proposes to outlaw using Photoshop or other digital imaging software to make someone appear to be nude or engaged in sexual activity. The Democratic-sponsored…