Tag Archives: free speech

Jon Stewart Tramples on Free Speech and Comes Out in Favor of Censorship

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On last night’s The Daily Show, host Jon Stewart took up the recently decided Supreme Court case Brown v. EMA which dealt with the restriction of sales of “violent video games” to children.  The court decided in a 7 to 2 decision that it violates free speech to limit the sales, but also that it’s a parent’s responsibility to make these decisions.

Justice Scalia put it succinctly and eloquently in the decision where he wrote:

Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And “the basic principles of freedom of speech . . . do not vary” with a new and different communication medium.

Those same protections that apply to Stewart’s nightly show apply to video games, and by not defending free speech in every form, that makes him a hypocrite.

Here’s the Stewart clip.

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Ironically, Stewart’s guest was Bill Kristol, the editor of the Weekly Standard and one of the loudest proponents of the war in Iraq.  So, to sum up his view, real war and death = good, fake violence = bad.

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Stewart is a known video game fan too.

CBLDF Cheers Free Speech Victory in Brown v. EMA!

Official Press Release

CBLDF Cheers Free Speech Victory in Brown v. EMA!

The Comic Book Legal Defense Fund applauds today’s Supreme Court decision to affirm the First Amendment rights of creators, readers and retailers by denying states the ability to create new restrictions on violent content in Brown v. EMA.  In a 7-2 decision, the high court struck down a California law that would have banned the sale and rental of violent video games to minors, and would have made violence a new category of unprotected speech.

The CBLDF was active in opposing the law, and filed its own amicus brief arguing that the California law was unconstitutional by citing a history of moral panics, most notably the anti-comics fervor that nearly dismantled the comics industry in the 1950s. The arguments presented in CBLDF’s brief were part of the discussion in oral arguments, and cited in the Court’s majority decision.

CBLDF Executive Director Charles Brownstein says, “We’re extremely pleased that the Court’s decision preserves the First Amendment rights of the users and creators of video games, and that they resisted California’s desire to establish new categories of unprotected speech. We’re also gratified that our discussion of the comics industry’s painful experience with moral panic and legislative meddling helped inform the positive outcome we see this morning.”

CBLDF legal counsel Robert Corn-Revere of Davis Wright Tremaine wrote the brief.  He says, “The Supreme Court’s decision in Brown v. EMA applied well-established First Amendment principles to find the California law is unconstitutional.  In reaching his conclusion, Justice Scalia’s majority opinion noted the crusade against comics led by Dr. Frederic Wertham and observed that it was inconsistent with our constitutional traditions.  It traced the long history of censorship involving media the government claimed ‘corrupted youth — from movies to comic books — and held that such crusades cannot be reconciled with the First Amendment.”

Please visit www.cbldf.org for more news and analysis on this important decision, including analysis by Mr. Corn-Revere to be published later this afternoon.  Please support the CBLDF’s defense of free speech issues like this by making a donation today!

About CBLDF
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 nonprofit 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 www.cbldf.org.

Breaking – U.S. Supreme Court Upholds Video Games as Free Speech


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Just moments ago, the United States Supreme Court has ruled in favor of the video game industry and retailers in Brown v. EMA (it used to be Schwarzenegger v. EMA).  The full opinion can be found here.

Justice Scalia who wrote the opinion stated:

…the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment.

Alito concurred with the judgement, and was joined by Chief Justice Roberts.  Justices Thomas and Breyer were the ones who dissented in an opinion written by Thomas.

The court had to decide if a state law restricting the sale of violent video games to minors was a violation of the protections of free speech guaranteed by the First Amendment.  The Ninth Court had ruled in favor of the video game industry.

From the opinion:

Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And “the basic principles of freedom of speech . . . do not vary” with a new and different communication medium.

Further the opinion delivers a blow to those claiming video games cause psychological harm to children including increasing aggressive behavior.

Psychological studies purporting to show a connection between exposureto violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. Any demon-strated effects are both small and indistinguishable from effects pro-duced by other media. Since California has declined to restrict those other media, e.g., Saturday morning cartoons, its video-game regula-tion is wildly underinclusive, raising serious doubts about whether the State is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint.

Update 1 – To me this really sums up the decision:

Like the protected books, plays, and movies that preceded them, video games communicate ideas—and even social messages—through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection. Under our Constitution, “esthetic and moral judgments about art and literature . . . are for the individual to make, not for the Government to decree, even with the mandate or approval of a majority.”

Update 2: The CBLDF’s arguments were also cited in the majority decision:

Many in the late 1940’s and early 1950’s blamed comic books for fostering a “preoccupation with violence and horror” among the young, leading to a rising juvenile crime rate. See Note, Regulation of Comic Books, 68 Harv. L. Rev. 489, 490 (1955). But efforts to convince Congress to restrict comic books failed. Brief for Comic Book Legal Defense Fund as Amicus Curiae 11–15.5 And, of course, after comic books came television and music lyrics.

CBLDF To Defend New Comics Criminal Case in Canada

Official Press Release

CBLDF Forms Coalition to Defend American Comics Reader Facing Criminal Charges In Canada

The Comic Book Legal Defense Fund today announces that it is forming a coalition to support the legal defense of an American citizen who is facing criminal charges in Canada that could result in a mandatory minimum sentence of one year in prison for comics brought into the country on his laptop.  This incident is the most serious in a trend the CBLDF has been tracking involving the search and seizure of the print and electronic comic books carried by travelers crossing borders.

CBLDF Executive Director Charles Brownstein says, “Although the CBLDF can’t protect comic fans everywhere in every situation, we want to join this effort to protect an American comic fan being prosecuted literally as he stood on the border of our country for behavior the First Amendment protects here, and its analogues in Canadian law should protect there.”

The CBLDF has agreed to assist in the case by contributing funds towards the defense, which has been estimated to cost $150,000 CDN.  The CBLDF will also provide access to experts and assistance on legal strategy.  The CBLDF’s efforts are joined by the recently re-formed Comic Legends Legal Defense Fund, a Canadian organization that will contribute to the fundraising effort.  Please contribute to this endeavor by making a tax deductible contribution here.

The facts of the case involve an American citizen, computer programmer, and comic book enthusiast in his mid-twenties who was flying from his home in the United States to Canada to visit a friend.  Upon arrival at Canadian Customs a customs officer conducted a search of the American and his personal belongings, including his laptop, iPad, and iPhone. The customs officer discovered manga on the laptop and considered it to be child pornography.  The client’s name is being withheld on the request of counsel for reasons relating to legal strategy.

The images at issue are all comics in the manga style.  No photographic evidence of criminal behavior is at issue.  Nevertheless, a warrant was issued and the laptop was turned over to police.  Consequently, the American has been charged with both the possession of child pornography as well as its importation into Canada. As a result, if convicted at trial, the American faces a minimum of one year in prison. This case could have far reaching implications for comic books and manga in North America.

The CBLDF’s Board of Directors voted unanimously to aid the case by raising funds to contribute to the defense and to help the defense with strategy and expert resources.

Brownstein says, “This is an important case that impacts the rights of everyone who reads, publishes, and makes comics and manga in North America. It underscores the dangers facing everyone traveling with comics, and it can establish important precedents regarding travelers rights.  It also relates to the increasingly urgent issue of authorities prosecuting art as child pornography.  While this case won’t set a US precedent, it can inform whatever precedent is eventually set.  This case is also important with respect to artistic merit in the Canadian courts, and a good decision could bring Canadian law closer to US law in that respect.  With the help of our supporters, we hope to raise the funds to wage a fight that yields good decisions and to create tools to help prevent these sorts of cases from continuing to spread.”

Find out more on the case here. To help support the case, you can make a monetary contribution here.

About CBLDF
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 nonprofit 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 www.cbldf.org.

About CLLDF
The Comic Legends Legal Defense Fund was founded in 1987 to raise money for the defense of a Calgary, Alberta comic shop whose owners were charged with selling obscene materials. The CLLDF has since been maintained on an ad hoc basis to provide financial relief for Canadian comics retailers, publishers, professionals, or readers whose right to free speech has been infringed by civil authorities.  Largely dormant since the early 1990s, the CLLDF is reforming to provide support for this case, and reorganizing to ensure that help will be readily available for future cases involving Canadian citizens or authorities.  To help the CLLDF in this mission, please go to www.clldf.ca.

CBLDF Is Fighting For Free Speech in Tennessee and Utah


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The Comic Book Legal Defense Fund has been busy lately defending our free speech rights.  The first fight is taking place in Utah.  Last Wednesday along with a coalition including the ACLU of Utah and Media Coalition, asked the federal district court in Salt Lake City to permanently bar enforcement of a Utah statute that restricts constitutionally-protected speech on the Internet.  The statue in question was passed in 2005, but has not been enforced due to an injunction.

The court case is Florence v. Shurtleff, No. 05-CV-485 (United States District Court, District of Utah) and according to the CBLDF:

Utah’s law seeks to regulate all Internet speech that some might consider “harmful to minors,” including works of visual art, photography, graphic novels, and information about sexual health and the rights of lesbian, gay, bisexual, and transgender youth.

Over in Tennessee another fight involving speech on the internet is also being waged.  Tennessee Governor Bill Haslam signed into law HB 300.  This brilliant piece of legislation makes criminals who posts an image, phrase or link online that causes “emotional distress.”  This is the case even if the person who suffers distress wasn’t the intended recipient.

The language of the bill is extremely vague and open to interpretation; a prosecutor need only convince a jury that an image, phrase, or link was posted with the express purpose of causing distress in order for HB 300 to be invoked.

The legislation also strips you of your right of due process by giving authorities the right to access servers of social networking sites located in Tennessee without a warrant when certain conditions are met.  Now if only we were fighting this before it was passed….

Around the Tubes


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It’s a new day, maybe we can get stories swiped from us today and not credited too? Well, while you were reading stories we broke on other websites, here’s the news you might have missed (which isn’t much).

Around the Blogs:

Comic Book Legal Defense Fund – New Tennessee Law Threatens Freedom of Expression – Oh this law is sure to get out of hand…

Around the Tubes Reviews:

Karissa’s Reading Review – Dracula: The Company of Monsters

Man Charged Over Threats To South Park Creators


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South Park MohammedJesse Curtis Morton, also known as Younus Abdullah Mohammad, was charged with “criminal threats” in Virginia last week.  Morton is the co-founder of a radical Islamic group and the threat was focused towards the creators of the Cartoon South Park over their depiction of Mohammed.  Morton is believed to be in Morocco, where he maintains Islampolicy.com, an English-language website propagating pro al Qaeda views.  That website is a successor to Revolutionmuslim.com.

Morton is the second person charged with this incident.  Zachary Adam Chesser admitted to posting threats and in February was sentenced to 25 years in prison.  Chesser encouraged jihadists to attack the creators as well.

Sadly this is just on instance of cartoonists threatened or attacked by Muslim extremists over the depiction of Mohammed.  CNN has more on this particular incident.  As always, we stand for free speech and condemn the use of threats and intimidation like this.

CBLDFNews Molly Crabapple Donates Massive Mural! Update to Canadian Seizure Crisis & More!

Official Press Release

CBLDF Auctions Massive Molly Crabapple Original

Molly Crabapple wanted to make a huge statement about her support for Free Speech. With attacks on comics on the rise and border searches increasing, Crabapple saw a need to do her part. So, she created a monstrous masterpiece to benefit CBLDF a masterpiece that you can bid on!

Created during the Stumptown Comics Festival and measuring in at 8 feet high and 7 feet wide, every inch of the piece is covered with Crabapple’s intricate pen work. A true participatory performance piece, it incorporates suggestions from convention attendees, from tentacles to bottles of scotch. As staggering as the dimensions of piece are, it is all the more stunning for the amount of detail Crabapple incorporated into it.

“I love the energy of creating something massive surrounded by a crowd,” says Crabapple, “and to feed off that energy and draw something that I love. It was an honor to make an art monster for CBLDF.”

CBLDF Executive Director Charles Brownstein adds, “As the founder of Dr. Sketchy’s Anti-Art School, Molly has been an adamant supporter of Free Speech and CBLDF. She’s an established name in the fine art world and a rising star in comics. It’s a privilege to have her support for CBLDF, and the piece she created is nothing short of spectacular.”

The auction for this artistic tour de force is live now. Bids can be placed online here.

Tom Neely & Dylan Williams Speak Out On Their Customs Seizure Experience

Artist Tom Neely and publisher Dylan Williams were stopped and searched by Canada Customs on their way to the Toronto Comics Art Festival. Customs officers seized copies of two items they were bringing to the festival, Black Eye, an anthology of comics Neely contributed to, and Young Lions, a graphic novel by Blaise Larmee. The CBLDF caught up with Neely & Williams over email when they returned to the United States to learn more details about their ordeal. Full Story

Larry Marder’s CBLDF Liberty Cards Diary #1

CBLDF President Larry Marder begins a series of blogs taking you behind the scenes of the CBLDF Liberty Trading Cards with a first hand diary of his experiences putting the set together! Today he shows off how the set’s sketch cards came to be, and takes you with him as he visits Rob Liefeld & Scott McCloud to get them embellishing the cards!  These diaries will appear every Tuesday and Thursday in May!

Plus, have you been keeping up on our volunteer & supporter profile series The Good Fighters?  Here are some terrific interviews you may have missed:

The Good Fighters: Jeffrey Brown

The Good Fighters: Darick Robertson

The Good Fighters: Terry Moore

Around the Tubes


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New comics came out on Wednesday and the reviews are trickling in from around the net.  Find out what you should be getting when you head to the shop and all the other news you might have missed.  Priest also comes out today, who’s going?

Around the Blogs:

The Beat – Wonder Woman update: Pilot probably won’t fly after all – Not sure how I feel about this.

Kotaku – Week In Comics – As I’d guess the video game website focuses on Mega Man #1.

Bleeding Cool – Rob Granito Story Gets The Most Bizarre Twist Possible – I won’t be running the interview and hope other sites won’t be promoting this guy either.

The Comics Chronicles – April 2011 comics sales slip slightly, but noncomic categories surge – A great wrap up of comic sales in April.

Comic Book Legal Defense Fund – Tom Neely & Dylan Williams Speak Out On Their Customs Seizure Experience – I’m now less likely to cross the border to go to cons up north, way to go customs!

Around the Tubes Reviews:

IGN – The Amazing Spider-Man #660

IGN – Astonishing X-Men #37

IGN – Batgirl #21

IGN – Batman: Arkham City #1

IGN – Batman, Incorporated #6

Good Comic Books – Batman Inc #6

IGN – Chew #27

Comic Book Resources – Chew #27

IGN – Cinderella: Fables Are Forever #4

IGN – Daredevil: Reborn #4

IGN – Fear Itself: Youth in Revolt #1

IGN – FF #3

Saffron Waldon Reporter – Fighting American

IGN – The Flash #12

Comic Book Resources – Flashpoint #1

IGN – G.I. Joe Vol. 2 #1

IGN – The Incredible Hulks #628

IGN – inFamous #5

IGN – Journey Into Mystery #623

IGN – Mega Man #1

IGN – Netherworld #1

IGN – The New Avengers #12

IGN – New Mutants #25

IGN – Northlanders #40

IGN – PunisherMAX #13

ICv2 – Rainy Day Recess: The Complete Steven’s Comics’ TP

IGN – Superman #711

IGN – The Unwritten #25

IGN – X-Men #11

IGN – X-Men Legacy #248

Comicvine – Comic Book Reviews For The Week of 5/11/11

IGN – Comic Book Reviews for 5/11/11

Comic Book Resources – The Buy Pile

Comics Seized at US/Canadian Border


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The Comic Book Legal Defense Fund warned about it, but The Comics Journal is reporting that Rotland Press + Comic Work”s Black Eye anthology was confiscated at the US/Canadian border.  Tom Neely was traveling to TCAF this weekend and when he crossed the border the copies of Black Eye he had were grabbed due to the fact they’re “obscene” by customs.

According to Neely:

… They took ‘em. I tried to get them to just ship them back to me at home, but they said they were required to send it to Ottawa for review… if they found the material to be ‘obscene’ they would take ‘further action.’ I asked what ‘further action’ meant and he said they would just destroy them. Or there is a chance they might ship them back to me.

It was the page of Onsmith’s gags that they first saw… I tried to tell them that it was ‘parody’ and ‘humor’ and the rest of the book had essays on the history of dark humor… the customs guy was really cool and understanding, but he said he just couldn’t let them through. I just hope ‘further action’ doesn’t involve being arrested the next time I try to cross the border.

This news absolutely makes me think twice about crossing the border to events such as Fan Expo.

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