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…
Category: Legal
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.”
The Huffington Post Evaluates the Use of Ratings for YA Books
by Soyini A. Hamit
The academic journal Mass Communication and Society published an article in their May 18, 2012 issue about the frequent use of profanities in Young Adult (YA) books. One of the authors, Dr. Sarah Coyne, assistant professor at Brigham Young University, believes that a rating system should be in place so that parents will know what books are appropriate for their child’s age. The Huffington Post takes a closer look at whether such a system is necessary.
Pakistani Twitter Ban After Cartoon Contest Raises Concerns Over Country’s Commitment to Free Speech
by Mark Bousquet
A recent ban on Twitter by the Pakistani government highlights the growing conflict between conservative governments and dissatisfied citizens over the use of, and access to, social networking sites. On May 20, Pakistan blocked access to Twitter for part of the day, holding the social networking site responsible for an allegedly blasphemous cartoon contest being run on Facebook. Critics argue that Twitter has given a voice to those who oppose the government’s security practices, and that actions like the May 20 ban give credence to the idea that Pakistan is not interested in having a truly free media.
Florence v. Shurtleff – The What’s and Why’s in Plain Language
Earlier this month, a ruling was handed down in Florence v. Shurtleff, a long-disputed internet censorship law that sought to require Utah’s Attorney General to create a blacklist of websites containing “harmful-to-minors” materials, required ISPs to rate content, and included criminal penalties for violations. CBLDF was among the plaintiff group that challenged the law, which resolved last week after seven years of legal action. Christopher Schiller provides a short overview of the case, including what was at stake for the State and for free expression.
Comics, Courts & Controversy: A Case Study of the Comic Book Legal Defense Fund
Marc H. Greenberg, a professor at Golden Gate University’s School of Law has published an extensive case study of the Comic Book Legal Defense Fund and its important work in the Loyola Entertainment Law Review. On the occasion of its publication, Professor Greenberg has prepared remarks about the article and the organization it supports exclusively for CBLDF.org. Read on for Greenberg’s remarks and the full case study.
Access Denied: Library Filter Fail
While researching a story about role-playing-game censorship for CBLDF.org at his local library, CBLDF blog volunteer Justin Brown encountered the cold slap of censorship himself as the result of aggressive filtering software. Brown discusses his experience, and the heritage of filtering laws that requires libraries like his to deny access to content or risk losing public funding after the jump.
Join Charles Brownstein for a Discussion of Free Expression and the PROTECT Act This Wednesday
This Wednesday, you can join CBLDF Executive Director Charles Brownstein for “Is Manga a Crime? Non-photographic images, Child Pornography and Freedom of Expression,” a program that discusses the impact of the PROTECT Act and the transportation of drawn images across international borders. The program is the Digital Media & Fine Arts Committees of the New York State Bar Association Entertainment, Arts, & Sports Law Section, and attorneys who attend can gain 1.5 MCLE credits in professional practice (pending approval).
More details after the jump.
Free Speech Advocates Score Victory in Utah
A victory for Free Speech was claimed yesterday when US District Judge Dee Benson issued an order ruling that people posting constitutionally-protected content on websites cannot be prosecuted for doing so and are not required to label the content they post. The ruling supports the plaintiffs in a lawsuit that opposed a Utah “harmful to minors” law that restricted free expression online. CBLDF was one of the organizations that opposed the law, joining fellow Media Coalition members the American Booksellers Foundation for Free Expression, the Association of American Publishers, and the Freedom to Read Foundation. Additional plaintiffs included the American Civil Liberties Union of Utah; painter Nathan Florence, the Publishers Marketing Association, and the Sexual Health Network.
Read the official response from the Media Coalition after the jump.
Please help support CBLDF’s work to strike down unconstitutional censorship laws such as this by making a donation or becoming a member of the CBLDF!