Tag Archives: first amendment

Comics Have Campus Up in Arms


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KSDK.com has a story about an uproar over two “satirical” comics printed in Uconn The Daily Campus, a college newspaper that has caused some controversy.  The first comic says “Forget sugar and spice and everything nice. Try crabs, scabs and everything viral. That’s what girls are really made of,” while the second implied that a girl, who was not ready for sex, could be lured into the bedroom with a shiny diamond ring.  As you can imagine this got the Violence Against Women Prevention Project a bit pissed.

The Daily Campus Editor-in-Chief John Kennedy responded to the criticism in a front-page article.

It’s within the First Amendment rights of the authors of the comics to publish whatever they please. The comics section is part of the opinion section of our newspaper, so it doesn’t represent the newspaper’s feelings as a whole.

This incident has lead the newspaper to update it’s policy about what gets printed and the editors, copy editors and artists at The Daily Campus will attend a workshop about violence against women and how to prevent it.  It is our opinion that free speech is free speech and yes both of these are sexist, but truly standing for liberty also means defending speech we may disagree with.

Banned Books Week


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CensorshipEach year in the last week of September, the American Library Association and other organizations join together to sponsor Banned Books Week. This is an annual celebration of intellectual freedom and the importance of the First Amendment. Banned Books Week highlights the benefits of free and open access to information while drawing attention to the harms of censorship by spotlighting attempted bannings of books across America.

Visit http://www.ala.org/bbooks for more information about Banned Books Week.

Tea Party Nut Takes on the 99


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the 99Over at Patriot’s Corner, a right wing/teabagger website, “PatriotUSA” takes on the comic book series The 99 and it’s “stealth jihad.”  In an article largely ripped directly off from Family Security Matters, the blog is concerned that the “muslim potus” is crossing the line by “government sanctioning of religious cartoons” to indoctrinate the impressionable youth.

While the blog is right that some nefarious organizations do use comic books and cartoons to indoctrinate the youth, I think this nutcase is a bit off.  Lets break it down on why this person is crazy (overlooking the birther statements) and why he hopefully hasn’t had children to pass on the crazy.

A comic book is something that a child (or adult) elects to read. Pages must be turned, text must be read to make sense of the pictures. Animated cartoons do not require such deliberate behaviour on the part of the viewer. They are there, they move, they have a soundtrack with music, the characters speak, and no-one has to turn the pages

Well, lets start with the above.  I’m pretty sure turning on the television, finding the channel, looking up the time the show is on, these all qualify under deliberate behavior.  Hell, it might be easier to read the comic.  I mean, if it’s difficult to “turn the pages,” it’s a wonder this person can turn on their computer and type on their blog.

Now, onto the 99.

The new media outlet, called The Hub, will officially start airing on October 11, with veteran broadcaster Margaret Loesch running the schedule. And on the schedule of The Hub network will be an animated series called “The 99”, which will bring to life the Islamic cartoon superheroes. This is the first time that I am aware of where a religious cartoon series has been broadcast and aimed at the general viewing public.”

Well, there’s a lot of issues here.  Lets begin with the television network which is being brought to television by Hasbro.  In the beginning of his rant, PatriotUSA claims we need to watch out for the “government sanctioning of religious cartoons” with our tax dollars.  Last I checked, Hasbro was a toy company.  I’m sure they get tax breaks, but aren’t the Teabaggers pro-capitalism?

Next lets go into the whole “religious cartoon” part.  I’m going into the way back machine to a show called Davey and Goliath.  While it wasn’t a cartoon, it was a stop motion animation show aimed at children and created for the Lutheran church by Clokey Productions between 1960 through 1975.  The show aired on some ABC stations and generally had the characters dealing with important topics and overcoming them through their belief and faith in God.  So there goes that whole argument that this upcoming show is a first.

The article then goes on to link to Family Security Matters and their article on The 99 written by the organization’s editor Adrian Morgan.  The organization is a right-wing organization on the hawkish side of things. Dr. Naif al-Mutawa is the creator of the comic book series.  He created it after seeing anti-Western hate up close.  Family Security Matters goes onto praise the comic series:

I am sure Dr. Al-Mutawa is well-intentioned, and his comic books are – of themselves – not designed to promote archaic intolerance. Some of the superhero characters are female, and these do not always wear hijabs (headscarves). In Muslim countries and Muslim homes in America, this is perfectly acceptable, and can not be seen as a bad thing.

Their issue begins with President Obama’s praise for Al-Mutawa.  They claim there should be a separation of church and state.  I hope they are equally outraged at each year’s prayer breakfast, as well as the religious doctrine that drove the previous administration.  The writer seems to miss the fact the President was praising him for doing good in his society and helping to bridge the west and Islam.  The things this same writer at times recognizes and praises.

They continue to cite the recent episode of the censorship of South Park for it’s depiction of Mohammed.  If you can’t make fun of a religion’s leader, why be able to show it in a good light is their point.  Now the humor of this is they themselves by calling for the show now to be shown is censorship.  A bit of a catch-22 and hypocrisy if you ask me.

In Kuwait, the Ninety-Nine has been seen as educational and instructional, and has not been criticised. But it does seem strange that Islam – dressed up in the form of cartoon superhero characters – should be presented on the screen.

Are we going to see ass-kicking Christian superhero nuns, called Faith, Hope and Charity, whooping sinner’s butts and sending Satan into Hell? It is doubtful.

Hmm, actually we do.  There’s numerous comic book series that deal with this.  Anyone remember Warrior Nun Areala or how about the current Magdalena?  The lesson with that statement?  Don’t make stupid comments like that without basic research.

This disparity is one of the worst things affecting society at present. Christianity and Judaism do not get featured in mainstream media, but Islam is not only depicted in all strands of the media, it is being promoted by a president who seems to have forgotten what he swore to uphold when he entered office.

Again, as show by those two comics, and I can go on for a while with more examples, that’s not the case.  There’s numerous vocal Christian characters, Jewish characters (did you know The Thing was Jewish!?) and characters of all faiths and backgrounds.

There are some Christian movie-makers and animators, whose work goes out on cable or on DVD. Would these people’s work be endorsed by the president? Would their handiwork be broadcast in Kuwait?
Everyone is equal under the law. The separation of Church and State was a principle designed to ensure that peoples of all faiths were similarly treated as equals under the law. There is too much bias in America and the West, where Islam can be promoted, but it can never be criticized. This breaks the contract that was established more than two hundred years ago – in the First Amendment – to protect everyone’s religious rights.
Again the lack of actual facts is astounding.  The right, and numerous backers of this organization, espouse the United States is “Christian” founded on “Christian” principles.  The last President leaned heavily on faith based programs and evoked religious imagery.  But, it seems why actually base your final argument on facts when it’s clear that the rest of your article is a work of fiction to begin with.

Comic Book Legal Defense Fund Urges Supreme Court to Reject New Restrictions on Speech in Video Game Censorship Case

Official Press Release

Comic Book Legal Defense Fund today filed a friend-of-the-court brief in Schwarzenegger v. EMA, urging the Supreme Court to affirm the Ninth Circuit’s decision that a California law banning the sale or rental of any video game containing violent content to minors, and requiring manufacturers to label such games, is unconstitutional.

The Comic Book Legal Defense Fund submits that, if allowed to stand, California’s law would reverse fundamental First Amendment principles by creating a new category of unprotected speech, diminishing the First Amendment rights of minors, and reducing First Amendment protection for new media. The CBLDF argues that the law under review is the most recent example of government improperly attempting to regulate content by using junk science, and calls upon a history of moral panics against media that includes the 1950s crusades against comics that crippled the industry and harmed the art form. The CBLDF asks the Supreme Court to deny California this attempt to roll back protections guaranteed by the First Amendment, as it and other courts have correctly done in the past.

Charles Brownstein, Executive Director of CBLDF, says “The case California makes against video games is one familiar to the comic book industry, which was nearly destroyed by government attempts at regulation in the 1950s. Then, as now, moral crusaders claimed that popular new media containing depictions of violence were detrimental to our youth. Then, as now, pseudo-science was used to back such claims. Those claims weren’t true in the 1950s, and they aren’t true now.”

Brownstein adds, “We hope that the Supreme Court denies California’s attempt to diminish the First Amendment, and spares the video game industry the fate that was suffered by the comic book industry in the past. We also encourage them to deny California’s claims so that comic books and other media don’t suffer under a new constitutional standard that creates new categories of unprotected speech and diminishes the First Amendment rights of minors.”

At issue in Schwarzenegger v. EMA is a challenge to a California video game law, enacted in 2005, that prohibited the sale or rental to minors of any video game containing certain violent content. The law — blocked by a federal judge in 2006 before it took effect — also required such manufacturers to include an “18 and older” warning label on the front of the package and provides civil penalties of up to $1,000 for violations. In 2008, CBLDF, as part of Media Coalition, filed a friend-of-the-court brief with the Ninth Circuit Court of Appeals in support of the respondent in today’s case, arguing that speech with violent content could not be regulated by the government and that the labeling requirement was unconstitutional as compelled speech. Last year, a three-judge panel of the Ninth Circuit ruled unanimously that the law violates the First Amendment.

The CBLDF brief was written by the organization’s General Counsel, Bob Corn-Revere of Davis Wright Tremaine. The brief is available online here. A wiki about the case, including links to all legal papers and briefs, is online at http://scotuswiki.com/index.php?title=Schwarzenegger_v._Entertainment_Merchants_Association

Please support the CBLDF’s work by making a monetary contribution and by following us and spreading the word on Twitter and Facebook.

The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community. They have defended dozens of Free Expression cases in courts across the United States, and led important education initiatives promoting comics literacy and free expression. For additional information, donations, and other inquiries call 800-99-CBLDF or visit them online at http://www.cbldf.org.

Stan Lee Supports Free Speech, So Should You


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The Video Game Voters Network sent out an email to it’s video game playing list “from” Stan Lee.  The issue is the upcoming Supreme Court case, Schwarzenegger v. EMA.  The court case would restrict sales of video games to minors.  In a letter penned to the audience the comics legend runs parallels between the pogroms run against comics and today’s attacks on video games.

From his letter:

Comic books, it was said, contributed to “juvenile delinquency.” A Senate subcommittee investigated and decided the U.S. could not “afford the calculated risk involved in feeding its children, through comic books, a concentrated diet of crime, horror and violence.” Comic books were burned. The State of Washington made it a crime to sell comic books without a license. And Los Stan LeeAngeles passed a law that said it was a crime to sell “crime comic books.” Looking back, the outcry was — forgive the expression — comical.

The more things change, as they say, the more they stay the same. Substitute video games for comic books and you’ve got a 21st century replay of the craziness of the 1950s. States have passed laws restricting the sale of video games and later this year, the Supreme Court will hear a case about one of those laws, this one passed in California. Why does this matter? Because if you restrict sales of video games, you’re chipping away at our First Amendment rights to free speech and opening the door to restrictions on books and movies.

First they came for comic books, then they came for video games…..

But Stan Lee is right.  Video games deserve similar free speech protections that comic books, movies, music, television, radio, books and so many other forms of entertainment enjoy.

So, what can you do to help in this fight?

Yesterday we ran an article about the Entertainment Consumers Association‘s Gamer Petition.  The ECA represents video game consumers, and is submitting an amicus brief in the court case.  Along side this amicus brief is the petition which shows California doesn’t speak for the people and there are folks who don’t agree with their law.  Even though lower courts across the country have agreed such laws are unconstitutional, the Supreme Court will hopefully be settling this issue once and for all.

Sign the Gamer Petition, tell your friends, family, coworkers, yell out the window.  We need to speak out more than ever.

Full disclosure, we consult for the Entertainment Consumers Association

Care about Free Speech, Sign the Gamer Petition


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On April 26, 2010, the Supreme Court granted the state of California‘s petition for certiorari (cert) in Schwarzenegger v. EMA , the so-called “violent video game” case.  This will be the first time that the Supreme Court has agreed to hear arguments on any of the state laws attempting to restrict or ban certain video games. Until now, all such laws have been struck down by lower federal courts as unconstitutional restrictions on Free Speech protected by the First Amendment to the Constitution.

The Court will hear oral arguments on November 2, 2010. At that time, the Court will also review all friends of the Court briefs (amicus briefs) that will put forth additional information for the Court to consider. The Entertainment Consumers Association will be submitting such a brief on behalf of American digital entertainment consumers and will be attaching the gamer petition.

Take action now, sign the petition and support free speech.

Full disclosure, we consult for the Entertainment Consumers Association
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