Following a successful legal challenge from the American Civil Liberties Union of Massachusetts, local booksellers, and others, including the Comic Book Legal Defense Fund, Governor Deval Patrick yesterday signed into law an amendment to controversial 2010 legislation that imposed severe restrictions on Internet content, including discussion of topics such as literature, art, and sexual and reproductive health.
The amendment, which goes into effect immediately, is a direct response to the granting of a preliminary injunction by U.S. District Judge Rya Zobel last fall that found the law likely violated the First Amendment. Massachusetts Attorney General Martha Coakley filed the bill in order to address the constitutional flaws in the existing law. CBLDF joined the Harvard Book Store, Porter Square Books, the Photographic Resource Center, a licensed marriage and family therapist, trade associations, and the ACLU of Massachusetts in filing suit last July to block the law because it made providers of constitutionally protected speech on the Internet criminally liable if such material might be deemed “harmful to minors.”
“Comic book creators and retailers are pleased to see this amendment go into effect, because it protects their constitutionally protected works as they are circulated and sold online,” said Charles Brownstein, Executive Director of the Comic Book Legal Defense Fund.