Category: Legal

Last June, CBLDF joined the ACLU of Utah and the Media Coalition in an effort to bar the enforcement of Utah House Bill 260, a law that seeks to restrict constitutionally-protected speech. US District Judge Dee Benson heard arguments about the case this week, but he didn’t issue a ruling. Instead, he directed the parties involved with the case to resolve their differences over two contentious sections of code in the law within the next 30 days.

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This week, the American Library Association’s Office of Intellectual Freedom released their list of the Top Ten Most Frequently Challenged Books of 2011. The second-most challenged book on that list was The Color of Earth, a critically-acclaimed Korean manwha, or comic book, series. In spite of numerous positive reviews from Booklist, Publishers Weekly, the School Library Journal, and other outlets that praise the book as “richly literate and imaginative” (Booklist) and “a work of great humanity” (Publishers Weekly), the coming-of-age tale is challenged due to nudity, sexual content, and suitability for age group.

CBLDF is an official sponsor of Banned Books Week, which will occur this September 30 – October 6. Banned Books Week is dedicated to “celebrating the freedom to read and the importance of the First Amendment.” CBLDF is currently creating tools for retailers and librarians to raise awareness of important challenged and banned comics and graphic novels during this year’s 30th Anniversary Banned Books Week Celebration. To get a headstart on the festivities, please check out the CBLDF Rewards Zone, where we have items such as our I Read Banned Comics t-shirt available to help raise money for this important program.

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Yesterday, the Arizona legislature passed Arizona House Bill 2549, which would update the state’s telephone harassment law to apply to the Internet and other electronic communications. The bill is sweepingly broad, and would make it a crime to communicate via electronic means speech that is intended to “annoy,” “offend,” “harass” or “terrify,” as well as certain sexual speech. Because the bill is not limited to one-to-one communications, H.B. 2549 would apply to the Internet as a whole, thus criminalizing all manner of writing, cartoons, and other protected material the state finds offensive or annoying. The Bill is currently on Governor Jan Brewer’s desk awaiting her decision on whether to veto or sign the bill.

Media Coalition, a trade association protecting the First Amendment rights of content industries, whose membership includes CBLDF, has been active in opposing the bill. On March 14, Media Coalition sent a memo to the Senate Rules Committee regarding constitutional infirmities in H.B. 2549. Yesterday they sent a letter to Governor Brewer urging her to veto the bill.

If passed, the law could create vulnerabilities for cartoonists and publishers who publish material online intended to shock, satirize, and criticize. Beyond the example of the Mohammad cartoons listed in the Media Coalition letter, the taboo-pushing work of cartoonists like R. Crumb, Johnny Ryan, and Ivan Brunetti would potentially be vulnerable to prosecution, as could incendiary works such as Frank Miller’s Holy Terror and Dave Sim’s Cerebus. Similarly, the culture of message boards, within and beyond comics, would be imperiled. With more titles released digitally each week, and an extremely active online ecosystem of professional and fan exchange, laws like this one are extremely worrisome for the creators, publishers, and readers of comics.

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Last week, CBLDF announced that Canadian criminal charges against American comics fan Ryan Matheson had been dropped. In turn, Matheson spoke out on his own behalf in a lengthy statement about how he was treated by Canadian authorities, a statement that imparted the indignation and confusion any innocent comics fan would feel after being exonerated from a crime he or she did not commit.

Click through for a round up of some of the coverage of the story.

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CBLDF Executive Director Charles Brownstein talked to Tom Spurgeon at The Comics Reporter about the art at issue in R. v. Matheson, the CBLDF’s legal case that recently concluded with criminal charges against the client being dropped.

Brownstein sees this as a call to action for comics lovers to stand united in the face of censorship. He said:

This is one of those rare moments where Benjamin Franklin’s famous quote, “We must, indeed, all hang together, or most assuredly we shall all hang separately,” is the most potent and accurate assessment of our current situation. Even today I saw a lot of discussion that it’s okay for authorities to prosecute the really icky stuff. But when you look at the actual images Ryan was prosecuted for, it’s clear that the authorities have a much lower threshold for what constitutes the really icky stuff than the average person who’s ready to sell their fellow comic book reader, retailer or artist down the river.

If Ryan were convicted for possessing that Moe 48 Positions, what chance does the average indy cartoonist going to TCAF have of carrying stuff into the show without hassle, much less fear of arrest? What hope does a retailer who orders from the adult order form for his store have when that stuff is in his internet cache? We’re a field that thrives on the power of the static image, and while our communities have our own understandings of what’s acceptable and what’s taboo, our understanding may not always square with that of local law enforcement. I’m not saying these things to stir up fear, I’m saying that equivocating about what kind of censorship is acceptable to us, as individuals, creates cracks in our armor that can bring censorship down on our field as a whole.

Read The Comics Reporter for the full interview.

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