In a Washington Post op/ed piece that draws heavily upon ground covered by the Comic Book Legal Defense Fund’s amicus brief in EMA v. Schwarzenegger, pundit George Will discusses the moral panic facing the video game industry today and its roots in the censorship in comics. Check out his perspective here.
NYC: CBLDF Needs Volunteers Next Week!
Want to help the CBLDF? Next week is a great opportunity, because we need volunteers in our home office on Monday and Tuesday to help us send our end of year report to our members. Get a first look at this cool item, and make a difference to the Fund by assisting us with this important mailing. We’re looking for volunteers who can give at least 4 hours between 10 am and 10 pm on either or both days. In exchange for your work, we’ll be serving lunch and dinner, and will also offer a $20 credit in the CBLDF Reward Zone. Please email a volunteer application to alex.cox@cbldf.org if you can help!
Link: Analysis of Steve Kutzner Protect Act Case
The Hooded Utilitarian’s Sean Michael Robinson delivers a well constructed analysis of the case of Steve Kutzner, an Idaho man who plead guilty to possession of “obscene visual representations of child sexual abuse” last month.
The most widely reported element of Kutzner’s conviction is that he plead guilty to possessing pornographic art depicting characters from the Simpsons, but Robinson digs into the plea agreement and talks to the prosecuting attorney to find that the case wasn’t so clear-cut. Kutzner was flagged by German authorities who believed he was participating in file-sharing of actual child pornography, and when United States authorities investigated they found there was evidence enough to argue that he had, although that evidence was triable.
Robinson’s reporting paints a vivid picture of the legal issues at stake. He speculates on the probable defensive posture that would have been taken if this case had gone to trial, emphasizing that the government would have had the burden of proving the material Kutzner plead guilty to possessing was obscene.
More intriguingly, he illustrates how the threat of mandatory minimum sentences is being used by prosecutors to scare up plea agreements from people like Kutzner and Handley.
The conclusion Robinson arrives at is that, in this case, probably Kutzner was guilty of something. But the law in question is being applied on a case by case basis in a way that makes more people vulnerable to prosecution for possession of drawings. As more prosecutors begin taking up these sorts of cases, the line between art and obscene visual representations of child sexual abuse is in the eye of the prosecuting beholder.
It’s a good article about a bad law.
CBLDF Rewards Zone Weekend Incentives!
If you’ve been eying something at the CBLDF’s new and improved Reward Zone, this weekend is the time to move on it!
Happy Birthday Neil Gaiman!
Neil Gaiman is celebrated for his creative works which invoke human values, belief systems, and decisions in a way that has resonated with many generations. His energies on the page are enough to merit him all the recognition he has received, but his efforts go beyond storytelling. Outside of his creative contributions, Neil has stridently directed his energies towards working as a force for good. Today, on the occasion of his fiftieth birthday, the Comic Book Legal Defense Fund salutes Neil and the good works he’s accomplished.
Monsters Project Wraps Up, Benefits CBLDF
With the Halloween season over, our friends at COMICS ALLIANCE have rounded up and posted all the various submissions to the MONSTERS PROJECT, which are currently being auctioned at our eBay store.