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CBLDF Applauds Amendment to 2010 Massachusetts Law Removing Restrictions on Internet Speech

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.

First Amendment Fan Boys

Calvin Reid of Publishers Weekly checked in with CBLDF Executive Director Charles Brownstein about the Fund’s new digs and plans for 2011. Brownstein expects a busy year:

“Stuff keeps coming in, comics are being challenged in libraries, librarians and patrons are being harassed by law enforcement and the issue is growing and very often its about comics,” Brownstein continued. “Librarians are getting threatening calls at home. As long as comics are cool, they will be challenged.”

Check out the Publisher’s Weekly article here.

CBLDF Wins 2010 Downs Intellectual Freedom Award

For their dedication to the preservation of First Amendment rights for members of the comics community, the Comic Book Legal Defense Fund (CBLDF) has been selected to receive the 2010 Robert B. Downs Intellectual Freedom Award given by the faculty of the Graduate School of Library and Information Science at the University of Illinois at Urbana-Champaign.

A Divided Supreme Court Ponders the Fate of California Law Restricting Violent Video Games

Robert Corn-Revere, the Comic Book Legal Defense Fund’s general counsel, provides a detailed summary and analysis of the oral arguments in Schwarzenegger v. EMA, which was argued in front of the U.S. Supreme Court earlier this week. One of the country’s leading First Amendment experts, Corn-Revere successfully litigated U.S. v. Stevens and recently wrote the CBLDF’s amicus brief in the Schwarzenegger case. Full story follows the jump.

Preliminary Injunction Granted Against Massachusetts Online Censorship Law

U.S. District Judge Rya W. Zobel granted a preliminary injunction against the online censorship law that went into effect in Massachusetts earlier this year. Massachusetts booksellers, trade associations including the CBLDF, and the American Civil Liberties Union of Massachusetts filed suit in July to block the law because it imposes severe restrictions on constitutionally protected speech on the Internet, on the grounds that such material might be “harmful to minors.” The Court enjoined the law because it did not require that such material was purposefully sent to a person the sender knew to be a minor.

CBLDF & Dark Horse Cheer Free Speech Victory in Ninth Circuit!


The Comic Book Legal Defense Fund and Dark Horse Comics applaud a decision issued by United States Court of Appeals for the Ninth Circuit holding that two Oregon statutes that criminalize distributing sex education and other non-obscene materials to minors are unconstitutional in violation of the First Amendment. The State of Oregon argued that the statutes applied only to “hardcore pornography,” but the Ninth Circuit found that they applied to much more, including Kentaro Miura’s manga “Berserk,” Judy Blume’s “Forever,” and Margaret Atwood’s “A Handmaid’s Tale.” The plaintiffs did not challenge Oregon’s existing law making it a crime to contact a minor with the intent of having sexual contact. CBLDF and Dark Horse were among the plaintiff group challenging the statutes.

Mike Richardson, publisher of plaintiff Dark Horse comics says, “We were extremely happy to see these statutes overturned. Our Constitution’s First Amendment was intended to keep the hands of the government off the printing presses of America. Creators everywhere can breath a sigh of relief that these laws, open to interpretation and likely to be abused, have been put down.”

Full announcement and text of decision follow the jump!

About

Comic Book Legal Defense Fund is a non-profit organization dedicated to protecting the First Amendment rights of the comics medium. Our work takes us into courtrooms, classrooms, conventions and libraries all over the United States where we provide legal aid,…

Remembering Burton Joseph

Burton Joseph, pioneering First Amendment advocate and long serving legal counsel for Comic Book Legal Defense Fund died at his home in San Francisco on March 31 at the age of 79. The Comic Book Legal Defense Fund is honored to salute Mr. Joseph with remembrances from his friends and colleagues.

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What is the Comic Book Legal Defense Fund? Comic Book Legal Defense Fund is a non-profit organization dedicated to the protection of the First Amendment rights of the comics art form and its community of retailers, creators, publishers, librarians, and…

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Membership Huckleberry Finn, Mark Twain. A Catcher in the Rye, J.D. Salinger. Blankets, Craig Thompson. Fun Home, Alison Bechdel. Gender Queer, Maia Kobabe. Drama, Raina Telgemeier. What do all of these books have in common? Like many other fine examples…