Tag Archives: first amendment

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It’s new comic day (wee!), so what are you getting this week?  After a nice long weekend, it’s already midweek!  Well, while you still get used to it being Wednesday and not Tuesday, here’s the news you might have missed.

Around the Blogs:

IGN – 10 Comics to Watch This WeekIGN has their pick as to what you should be picking up.

CBLDF – The Alaska Press Reacts to Recent Invalidation of Senate Bill 222It’s been a great few weeks for free speech and the First Amendment.

Con Coverage:

MTV Geek – Toys R Us and Entertainment Earth Have Some SDCC Surprises!

Comics Alliance – Toys “R” Us Reveals More Comic-Con Exclusive ‘Marvel Vs. Capcom 3’ Minimates

Around the Tubes Reviews:

Good Comic Books – Lady Mechanika #2

Ars Legendi – Penny Arcade Volume 6: The Halls Below

MTV Geek – BOOM Advance Reviews: Elric The Balance Lost #1 and Irredeemable #27

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.

[vodpod id=Video.12039735&w=425&h=350&fv=autoPlay%3Dfalse]

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.

Around the Tubes


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It’s new comic book day, what are you getting?  I had my picks yesterday, so hopefully I’m right on a few of them.  If you missed it, yesterday was #comicmarket and as always the discussion was lively.  We’ll have some fun stuff later on about that….  But, in the mean time, here’s the news you might miss.

Around the Blogs:

The Rock Station 99x – Man Dies, Leaves $1 Million Worth of Comic Books Behind – A great find and makes me wonder what my collection might be worth some day.

Comic Book Resources – “Buck Rogers” Flies Again at Hermes Press – There’s a lot of people who look at this series with nostalgia.

MTV Week – Interview: Mark Sable And Paul Azaceta Bring Us Taliban Zombies in ‘Graveyard of Empires’ – I can’t wait for this series.

Bleeding Cool – The First Walking Dead Novel To Feature The Governor – Am I going to have to read books now?!

Comic Book Legal Defense Fund – Chief Justice Roberts and the First Amendment – A good look at Justice Roberts and why he’s good on the First Amendment.

The Mary Sue – Real-Life Superheroes Vow to Protect Women From the Long Island Serial Killer – Nice to see people coming together for this.

Graphic Journos – Introducing Matt Bors – The new website adds a new contributor.

Mashable – New Nook Color Is Perfect for Comic Books — & Graphicly Delivers Them [PICS] – There’s a new toy to read your digital comics on.

Around the Tubes Reviews:

Blogomatic 3000 – The Boys, Vols. 7 & 8

Seattle PI – Buffy Season Eight Volume Five: Predators And Prey

Cryptozoic Partners With CBLDF For Benefit Card Set

Official Press Release 300

Cryptozoic Entertainment Partners with Comic Book Legal Defense Fund (CBLDF) for Charity Trading Card Set

Irvine, CA—February 28, 2011: Cryptozoic Entertainment™ and the Comic Book Legal Defense Fund™ have joined forces to protect creativity by collaborating on a new trading card set. The Liberty Trading Cards set tells the story of the fight to defend the First Amendment and includes chase cards from the greatest creators in comics and  entertainment. The set will be released in July 2011, with proceeds from the sales benefiting the Fund.

“Cryptozoic is one of the most exciting new companies in pop culture, and we’re thrilled to work with them on this dynamic card project,” says CBLDF Executive Director Charles Brownstein. “Together we’ll be showing how the CBLDF has advanced Free Expression in comics and gathering one of the coolest collections of incentive cards ever assembled.”

The Liberty Trading Cards set will feature a base set of seventy cards representing the history of comics censorship, from the Seduction of the Innocent era in the 1950s to the modern day. In addition to the base set, special hand drawn sketches and autograph cards by some of the top talent in the comic book world will be featured in this release!

Already signed on to collaborate are Geoff Johns, Neil Gaiman, Darwyn Cooke, Gail Simone, Mark Waid, Brian Azzarello, Paul Levitz, Denny O’Neil, Frank Quitely, Phil Hester, and many more. “The generous response from the creative community has been overwhelming,” said CBLDF Board President Larry Marder. “The most impressive gesture has been how many creators are briefly lending CBLDF their Intellectual Property for this project only. Creators letting us borrow their characters for these artists to sketch include Jeff Smith, Marc Silvestri, Erik Larsen, John Layman, Jim Valentino, Matt Wagner, Rob Liefeld, Stan Sakai, Eric Powell, Mike Richardson, and many others.”

Go to www.cbldf.org for a complete up-to-date list of all sketchers and signers.

“I can’t tell you how proud we are to partner with the CBLDF,” said Cory Jones, President of Cryptozoic Entertainment. “The Fund has been one of my favorite charities for years, and to be able to support it on this scale is incredible.”

The Comic Book Legal Defense fund is a nonprofit organization that was created in 1986 with a mission to protect the most basic right: freedom of speech. The organization exists to protect the First Amendment rights of the creators, retailers, publishers, and readers of comics.

Defend creativity and own a piece of comics history with the CBLDF Liberty Trading Cards, coming this July from Cryptozoic!

About the 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 Cryptozoic Entertainment
Cryptozoic Entertainment was founded in 2010 on the core principle of “fans first.” The Cryptozoic staff consists of fans who are dedicated to producing the highest quality product and community experience possible. Visit  www.cryptozoic.com for additional product and event information.

©2011 Cryptozoic Entertainment. 16279 Laguna Canyon Road, Irvine, CA 92618. All Rights Reserved.

CBLDF and its logos are TM and © 2011 the Comic Book Legal Defense Fund.
All characters are TM and © by the individual copyright owners.

George Will Looks At Comic Books


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This past weekend George Will in his Washington Post op-ed looked at censorship in entertainment. Entitled Our puritanical progressives, Will through connection to Fredric Wertham makes the argument that it’s progressives that are responsible for censorship in entertainment.

There’s numerous problems with Will’s writing, first and foremost, is his understanding of the word “progressive.” Wikipedia actually has a pretty decent rundown on the progressive ideology:

American progressives tend to support international economics: they advocate progressive taxation and oppose the growing influence of corporations. Progressives are in agreement on an international scale with left-liberalism in that they support organized labor and trade unions, they usually wish to introduce a living wage, and they often support the creation of a universal health care system.

So where does Wertham fall in there? Wertham was primarily concerned about violence and with protecting children from psychological harm, not exactly a progressive cause.  His book, Seduction of the Innocent focused on entertainment and particularly comic books and their “corruption of the youth.”  This lead to Senate hearings and the formation of the Comic Code Authority and cancellation of quite a few comic books due to their content.

The problem with Will’s article isn’t the history he cites, it’s his use of “progressive.” At no point does he make the case Wertham ever was one other than calling him one. One would say Wertham is more of a puritan or nannyist when it comes to entertainment, not so much a progressive. Will goes on to say:

Progressivism is a faith-based program. The progressives’ agenda for improving everyone else varies but invariably involves the cult of expertise – an unflagging faith in the application of science to social reform. Progressivism’s itch to perfect people by perfecting the social environment can produce an interesting phenomenon – the Pecksniffian progressive.

Progressives tend to favor advocating changes or reform through governmental action.  The progressive ideology is about improving harsh or unfair conditions, not telling you what you can or can’t watch.

As a whole the history Will cites is correct and gives a good background of the censorship of comic books and today’s attacks on video games. It’s unfortunate that he drags ideological labels into the battle, when today’s fights cross party lines.

The California law Will refers to was put forth by the State of California and championed by an elected Democrat but the court case bears the name of the state’s Republican Governor. When looking across the nation one can find numerous cases of censorship across parties.  When it comes to scoring political points with parents by demonizing the latest trend, fad, or form of entertainment, both parties and all ideologies are guilty.

This has nothing to do with progressive ideals, in fact I’d argue it’s the antithesis of it.  This is a new form of entertainment (video games) going through the puritan/nannyist smell test of “think about the children.”

Glenn Ray follows up on Will’s article. Agreeing with me this is a Puritan issue, not a progressive one. The writer cites himself as both a Puritan and progressive and lays out quite well that the two can be separate. While Ray says, he’s not a fan of today’s entertainment, he also cite’s this a “Puritan problem.”

I never used to believe in censorship, but that was before the Bill Ayers-Black Panther-LSD-meth- Islamic fascism and sexual revolution era of American values….this return to paganism and the fall of democratic senses.

Kind of interesting that Will who would be considered a conservative is against this modern day censorship, Ray who clearly a faith-based conservative is one that favors them.

Here I’ve shown two individuals of the similar side of the coin with opposing views on censorship, I hope George Will will think again before painting progressives in the same way.

New CBLDF Rewards Zone Launches! Legal Update!

Official Press Release

CBLDF Launches Improved Rewards Zone!

The Comic Book Legal Defense Fund is proud to unveil a new and improved CBLDF Rewards Zone, filled with books and art signed by CBLDF supporting creators to thank our contributors for their donations!

Items from the CBLDF Rewards Zone make great gifts for the comics fan in your life, and ensure that the First Amendment rights of the comics community are energetically protected now and into the future!

The CBLDF is able to perform our important legal work because of the contributions of our supporters, most of whom donate less than $50 at a time, as they can afford it. The Fund makes a point of acknowledging these donations with great premiums that are donated by supporting creators and publishers. Creators who contribute to the CBLDF Reward Zone include Amanda Conner, Neil Gaiman, Jaime Hernandez, Garth Ennis, Tony Harris, Joe Hill, Larry Marder, Terry Moore, Frank Miller, and Darick Robertson — to name a small handful!

Please take a look at the CBLDF Rewards Zone today. Your donations will help us keep up the good fight, and put you in possession of some of the coolest comics items in the world!

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 last 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.

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.

Wedcomic Takes on Schwarzenegger v. EMA


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Webcomic Virtual Shackles has taken on how the proposed California game law might work in the real world.

During Tuesday’s oral arguments, Justice Sotomayor pointed out what could easily be viewed as a rather large loophole in the law at the heart of Schwarzenegger v. EMA.

The law is concerned about damage and violence towards”human beings” in video games.  Justice Sotomayor noticed that vagueness.  Here’s the relevant exchange:

JUSTICE SOTOMAYOR: Would a video game that portrayed a Vulcan as opposed to a human being, being maimed and tortured, would that be covered by the act?

MR. MORAZZINI: No, it wouldn’t, Your Honor, because the act is only directed towards the range of options that are able to be inflicted on a human being.

JUSTICE SOTOMAYOR: So if the video producer says this is not a human being, it’s an android computer simulated person, then all they have to do is put a little artificial feature on the creature and they could sell the video game?

MR. MORAZZINI: Under the act, yes…

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