On March 28, Jabeur Mejri, a Tunisian man convicted of upsetting public order and morals, was sentenced to seven years in jail after posting cartoons of the Prophet Mohammad on Facebook. Last week, he learned that the court would not…
Category: Legal
SDCC: State of the CBLDF!
Another Comic-Con is upon us, and thanks to the generosity of our members, corporate members, sponsors and supporters, we’ve developed a week full of great programs, parties, and an unforgettable auction to raise money for our important First Amendment program…
British Government Considering ISP Censorship Mandates
Is it the job of the British government to legislate ISP-level censorship of adult content? On the heels of an April parliamentary inquiry, Prime Minister David Cameron seems to be giving the question a disconcerting amount of consideration, at the…
New Arizona Law: Schools and Libraries Comply or Lose Funding
Public schools and libraries in Arizona will be at the mercy of a new law, effective August 1, that requires the institutions to block “obscene” materials on the internet or they will lose 10 percent of their funding, according to…
CBLDF Contributes Additional $10,000 to Ryan Matheson’s $75,000 Legal Defense Costs Thanks To Donors!
The Comic Book Legal Defense Fund is pleased to announce that thanks to the support of its contributors, the organization has disbursed an additional $10,000 to Ryan Matheson to help pay off the $75,000 legal defense costs that he incurred defending himself against false charges brought by Canada Customs in a case involving manga comics on his laptop computer.
Earlier this year, charges against Matheson were dropped in a case where Canada Customs illegally detained and wrongly charged the American with importation of child pornography for humor and fantasy manga on his laptop. The CBLDF came to Ryan’s aid in 2011, providing substantive and financial support for his case, including arranging expert testimony that contributed to the charges being dropped. With this most recent disbursal, the CBLDF has provided $30,000 to Ryan’s $75,000 legal defense costs. Last year, Canada’s Comic Legends Legal Defense Fund contributed $11,000 towards Ryan’s defense. CBLDF seeks contributions to help pay off Ryan’s remaining $34,000 in legal expenses.
In a message to CBLDF supporters, Matheson says, “Thank you so much to everyone who contributed to the CBLDF! The donations raised so far have given me enough financial stability to finally get back on my feet and live my life normally instead of worrying about money so much. It’s really encouraging to know that there are so many people out there that want to help stand up for comics and manga. I used to feel so isolated and alone but now I’ve realized that the comics and manga community is definitely one that cares about the things we love and is willing to stand up for our rights. Your donations really do help a lot and I am so grateful for all the support I’ve received so far. Thank you!”
This summer, Matheson will be appearing on panels at San Diego Comic-Con and Otakon to discuss his case, where CBLDF will also be distributing literature advising convention goers of their rights.
Please make a donation to CBLDF to help the organization continue to pay off Matheson’s legal defense costs and to support their important work raising awareness of the rights facing comics and manga readers. To learn more about Ryan’s case, please visit the CBLDF Case File R. v. Matheson, which includes the original defense documents, and special advisories for travelers crossing borders with comics books.
CBLDF Applauds Supreme Court’s Defense of Free Speech In Rejecting “Stolen Valor” Act
The Supreme Court today held that the Stolen Valor Act, a federal law that makes it a crime to lie about having received military honors, violates the free speech protections of the First Amendment.
“Fundamental constitutional principles require that laws enacted to honor the brave must be consistent with the precepts of the Constitution for which they fought,” Justice Kennedy wrote in a plurality decision.
Earlier this year, the Comic Book Legal Defense Fund signed onto a friend-of-the-court brief filed in the case by Media Coalition, a trade association that defends the First Amendment rights of mainstream media. The brief argued that while defamation and fraud are recognized historic exceptions to the First Amendment, there has never been an exception for false speech. In his opinion, Justice Kennedy wrote, “The Court has never endorsed the categorical rule the Government advances: that false statements receive no First Amendment protection. Our prior decisions have not confronted a measure, like the Stolen Valor Act, that targets falsity and nothing more.”
New Hampshire Senate Fails to Override Governor’s Veto of S.B. 175
On June 12, 2012, New Hampshire Governor John Lynch vetoed S.B. 175, a senate bill that would have made it illegal to use an individual’s likeness for 70 years after his or her death. This week, the New Hampshire Senate voted on the bill again in an attempt to override the governor’s veto. Only 13 of the 16 votes needed to override the veto were obtained, so the veto was upheld.
More after the jump…
Codifying Obscenity in Japan
A 40-year-old man from Kobe, Japan was arrested by the Okayama Prefectural Police on Monday for allegedly selling obscene illustrations from his website. He reportedly plead guilty to the crime, saying that he was motivated by the desire for money. CBLDF blogger takes a look at the case and at the prosecution of obscenity in Japan after the jump…
Is A Person’s Commercial Identity Inheritable? New Hampshire Legislature Says Yes, Governor Says No
On Wednesday, June 12, New Hampshire Governor John Lynch vetoed Senate Bill 175, which would have extended an individual’s right to commercially control their own identity beyond their own death by making identity an inheritable commodity. As written, S.B. 175 states that “individuals who are domiciled in New Hampshire at the time of death retain a protectable right regarding the commercial use of their identities that is descendible to their heirs or successors,” and that this right “endures for a term consisting of the death of the person plus 70 years after his or her death.” Of greatest concern to First Amendment advocates like the Media Coalition and the First Amendment Center is that the final version of S.B. 175 that was passed by the state legislature stripped out protections for journalistic and artistic endeavors, which are protected by state and federal Constitutions.
CBLDF blogger Mark Bousquet takes a look at the bill and its implications for artistic expression after the jump.
Manga Translator Acquitted of Child Pornography Charges In Swedish Supreme Court Ruling
Swedish news outlet The Local reports that their Supreme Court has overturned the conviction of manga translator Simon Lundström on child pornography charges relating to manga files on his computer. The court’s decision reflects the viewpoint of free speech advocates, including the CBLDF, that sexually explicit manga images are protected artistic expression and not child pornography. The court stated, “The criminalization of possession of the drawings would otherwise exceed what is necessary with regard to the purpose which has led to the restriction on freedom of expression and freedom of information.”
CBLDF Executive Director Charles Brownstein welcomed the ruling, stating, “This is an important victory for free expression and for manga. The Swedish Supreme Court has correctly drawn the boundary that governments have a compelling interest in prosecuting criminal behavior, not ideas or expression. Child pornography is an abhorrent crime because real people are harmed, and the creation, distribution and possession of that content are criminal behaviors that contribute to creating victims. Today’s ruling that drawings of an imaginative nature where no victim is created cannot be child pornography is clear-minded and will hopefully provide guidance here in the United States and around the world when similar cases arise in the future. We congratulate Mr. Lundström and his attorney Leif Silbersky for their courageous efforts in reaching this important decision.”