Category: Legal

CBLDF Executive Director Charles Brownstein Discusses The Contested Art & Legal Repercussions of R. v. Matheson

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.

Criminal Charges Dropped in Canada Customs Manga Case

The Comic Book Legal Defense Fund and the Comic Legends Legal Defense Fund are pleased to announce that the Crown has withdrawn all criminal charges in R. v Matheson, the case previously described as the “Brandon X case,” which involved a comic book reader who faced criminal charges in Canada relating to comic books on his computer. The defendant, Ryan Matheson, a 27-year-old comic book reader, amateur artist, and computer programmer has been cleared of any criminal wrongdoing.

The total legal costs of this case exceeded $75,000. After taking the case last summer, the Comic Book Legal Defense Fund contributed $20,000 to the defense, and the Comic Legends Legal Defense Fund contributed $11,000. The CBLDF also participated in shaping the defense, including recruiting expert testimony for the trial. The organization is currently seeking funds to help pay off the $45,000 debt Matheson incurred as a result of his case, and to create new tools to prevent future cases. To make a contribution to these important efforts, please visit www.cbldf.org.

Full details and resources are available after the jump.

Ryan Matheson’s Personal Statement

After being cleared of any wrongdoing, Ryan Matheson speaks out for the first time about the injustices he suffered at the hands of Canadian authorities because of the comics he had on his laptop. After the jump, he details the mistreatment he suffered in Canada and the profound trauma involved in defending himself against a monstrous, false accusation. He also expresses his gratitude to the many supporters who made contributions to aid his defense. Read Ryan’s full statement after the jump.

Belgian Court Keeps TINTIN IN THE CONGO on Shelves

After a recent ruling by a Belgian court, Hergé’s controversial second book in the Tintin series, Tintin in the Congo, remains on shelves. The book faced charges that it broke several of Belgium’s laws against racism and incited racial hatred, but the court ruled that the book, which was serialized from 1930 to 1931 and collected in 1946 with significant revisions, was a product of its time and did not intend to incite racial hatred.

Keep reading…

CBLDF Announces 2012 Member Benefits!



Fight Censorship! Celebrate Liberty! Join the Comic Book Legal Defense Fund today!

Today, the CBLDF unveiled its 2012 Membership Drive, featuring the best incentives and benefits in the free speech community, starting off with a stunning membership card by superstar creator Cliff Chiang! Channeling the classic depiction of Liberty through the influence of WPA art and comic book iconography, Chiang has created a powerful membership card that you’ll be proud to keep in your wallet. CBLDF offers membership plans for donors in every budget, each with its own premiums and benefits, and all of them are tax-deductible!

Joining the Comic Book Legal Defense Fund puts you on the front line of the fight against censorship! Your membership dollars provide the tools to fight back when comic book readers, retailers and artists are muzzled, censored, or attacked! When you become a CBLDF member, you are proclaiming that comics are important and that you are a protector of their First Amendment rights! Join now!

Tunisian Trial Over Airing of Persepolis Movie Delayed Until April

by Betsy Gomez

The trial of Nabil Karoui, the director of Tunisia’s Nessma television channel, has been delayed until April. Karoui is on trial because he approved the airing of Persepolis, Marjane Satrapi’s film adaptation of her critically acclaimed graphic novel. The movie has a scene that depicts God, a portrayal that is not permitted in many Islamic areas. Karoui is accused of “insulting sacred values, offending decent morals and causing public unrest.” The airing of Persepolis has divided people in Tunisia, with defenders arguing for the right to free expression and some extremists resorting to violence to try to shut down Nessma. For more on the trial, visit Al Arabiya News.

Please help support CBLDF’s important First Amendment work and reporting on issues such as this by making a donation or becoming a member of the CBLDF!

First Amendment Center Analyzes Supreme Court Decision on Golan v. Holder

by Betsy Gomez

Last year, the Supreme Court agreed to hear Golan v. Holder, a case that pitted copyright law against the First Amendment. This week, the Supreme Court passed down their decision on the case, a 6-2 vote that upheld the Uruguay Round Agreements Act that extended copyright protection to creative foreign works that had previously been in the public domain in the United States.

The decision is considered a blow to free speech because Golan and fellow petitioners argued that the removal of works from the public domain — works by Igor Stravinsky, Virginia Woolf, Alfred Hitchcock, and more — violates their First Amendment right to use the works to express themselves. Golan further argued that Congress overreached when they passed a law that removed the works from the public domain. Because the Supreme Court upheld the law, works that were once free to use now require payment to do so. As an example, an orchestra that plays a Stravinsky symphony may now have to pay for that right.

Keep reading…

Please help support CBLDF’s important First Amendment work and reporting on issues such as this by making a donation or becoming a member of the CBLDF!

Retailer Advisory: How To Manage A Media Attack

Today Bleeding Cool ran a piece linking to a local news promo promising a titillating exposé on modern comics that will offer tips on “HOW TO K.O. THESE COMICS BEFORE THEY CORRUPT YOUR KIDS!” These media scare stories are nothing new. They’ve been plaguing comics since the very beginning, whether it was massive public comic book burnings in the 1940s, Frederic Wertham’s attacks in the 1950s, or the retailer stings of the 1980s that led to the CBLDF being formed. While we’ve seen this type of story arise time and again, it should never be taken lightly. Below we offer some tips on how to deal with hostile cameras if they come to your store.

Study Questions Supreme Court’s Protection of the First Amendment

With the much ballyhooed wins for free speech in cases like Brown v. EMA and more, many commentators commended a John Roberts-led Supreme Court that upheld our right to free speech. A recent study questions whether the current Supreme Court is as supportive of free speech as we think it is.

Keep reading for excerpts from the New York Times and other sources analyzing the study.

Please help support CBLDF’s important First Amendment work and reporting on issues such as this by making a donation or becoming a member of the CBLDF!

ACLU Asks Missouri Library to Stop Censoring Websites

In addition to protecting our right to free speech, the First Amendment also guarantees freedom of religion, including the ability to find information on various faiths. Today, the ACLU of Eastern Missouri filed a lawsuit charging the Salem Public Library with unconstitutional censorship for blocking access to information about minority religions. In particular, information about Native American practices and Wicca were blocked because they were classified as “occult” or “criminal.”

In their press release, the ACLU justifies their action:

“The library has no business blocking these websites as “occult’ or ‘criminal” in the first place and certainly shouldn’t be making arbitrary follow-up decisions based on the personal predilections of library staff,” said Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief. “Public libraries should be facilitating access to educational information, not blocking it.”

Such censorship by libraries has chilling implications, as the blocking of material could be extended to impact other legitimate educational material, including comics. You can find ACLU’s official press release here.