New Censorship Bill

[ladymako71]

I wasn't entirely sure of where to put this so I figured here would be good.

~~~~~~~~~~~
Forwarded from the Comic Book Legal Defense Fund : New Censorship Bill Turns Parents Into Prosecutors

On April 28, California Congressman Duncan Hunter (R) introduced legislation that could turn parents into 'prosecuting attorneys fighting a wave of obscenity', the representative told Family.org.

H.B. 4239, also called the “Parents’ Empowerment Act,” would allow the parent or guardian of a minor to sue in federal court anyone who knowingly disseminates any media containing “material that is harmful to minors” if the material is distributed in a way that “a reasonable person can expect a substantial number of minors to be exposed to the material and the minor, as a result to exposure to the material, is likely to suffer personal or emotional injury or injury to mental or moral welfare.” The bill has been referred to the House Judiciary Committee.

The bill allows compensatory damages starting at no less than $10,000 for any instance in which a minor is exposed to “harmful to minors” entertainment products. The bill also allows that punitive damages and reasonable fees may be awarded to the prevailing party at the discretion of the court. The bill also seeks to strengthen the current test courts utilize in determining what is obscene material by providing a separate definition of obscenity specifically for children. It is an affirmative defense to action under this bill if a parent or guardian of the minor owned the material.

The bill is in its earliest stage, but if it passes, it will seriously threaten retailers, distributors, and publishers. Family.org talked to Hunter who said, “If the people who published (the material), published it in such a way that they could reasonably have expected children to access it, then the parents can receive an award of $10,000.”

“This bill is troubling on several levels,” explains CBLDF Director Charles Brownstein. “It appears to allow for civil actions against any, or every, member of the dissemination food chain, from the retailer to the distributor to the publisher, of work that an individual parent may object to. So any citizen, using their own sense of what is obscene or harmful to minors, can bring suit. Considering that comics still suffer the cultural and legal stigma of being perceived as a juvenile medium, this bill could become a dangerous weapon in the hands of an individual who walks into a comic book store and is shocked to find that comics offer much more than Archie and Superman.”

Hunter’s bill enjoys the support of several religious, family, and conservative legal groups including the Christian Coalition, the American Center for Law and Justice and the World Family Policy Center at Brigham Young University. Working closely with Media Coalition, the CBLDF will continue to monitor the progress of this bill.
~~~~~~~~~~

The Bill can be viewed here: http://www.theorator.com/bills108/hr4239.html

Considering a few years ago...oh 95 I think when Marvel and Fleer released a set of collecting cards they got in trouble for, because Gambit was shown with a lit cigarette and some kid got offended. The parents filed a suit and they settled out of court, along with Marvel and Fleer agreeing to not promote smoking with it's characters.

Now imagine in this day and age when everyone is so gung ho to find anything they think offensive and find they actually have the power to do something about it...say Marvel actually finds the balls to show Jean-Paul in a monogomous relationship? Stand by for action because Marvel would be hung out to dry by the entire state of Utah alone with that...not to mention about half of the other 49 states either. Marvel, DC and quite a few other companies are based here in the states and they would definitely feel the brunt of this if it ever passed.

I'm hoping this thing doesn't pass but if it does, it could mean frivilous lawsuits being dumped left, right and center on comic book companies for stuff, that to be honest, fans find completely harmless. Like some of the outfits people wear...and no I'm not talking just about the women either...taken a look at the loincloth stylin's of Yukon Jack lately?

[SwiftFox]

Just what American's need.... MORE incentive for frivolous law suits.

[HappyCanuck]

Ladies and Gentlemen of the forum, our planet's supposedly most 'powerful' country at work... again. ](*,)

(Considering my views on the 'United' States as a political body, I will refrain from further commentary for fear of accidentally upsetting anyone)

[burN@]

http://brainscream.com/images/huh.jpg Huh !?! What the !?!


:roll: Americain !!! :P

Pardon me, i swar some American have sense !!! Right :roll:


lolololololol That been crapy lloololloolll


Oh! Hi, all !!! :lol:


http://graphics.jsonline.com/graphics/owlive/img/dec02/moorebig1229.jpg

[ladymako71]

Pardon me, i swar some American have sense !!! Right :roll:

There are SOME Americans who have their heads on straight...unfortunately they make up a small percentage of the population. VERY SMALL.

[beetleblack]

There are SOME Americans who have their heads on straight...unfortunately they make up a small percentage of the population. VERY SMALL.

I'd rather think of it that there are a lot of American's with their head screwed on HOWEVER they are not as vocal as these so-called 'Christian' gun-totting right-wingers who never seem to shut up.

America is the land of the free... allegedly.

[DelBubs]

I shall refrain from passing comment on the political state of America, but would just like to take this time to congratulate Michael Moore on his success at Cannes and well done for not falling off his bike, and he don't have stabilisers :-)

[kozzi24]

Is there a provision in the law to allow childless people to sue parents for failing to control their screaming demanding whiney brats from enjoying our peace and quiet?
How about suits against parents who let their children watch R movies?
This law could also affect movie distribution, DVD sales/rentals, book publication.
I would hope the forum members who aren't American realize that the minorities are always the most vocal. You hear about the ultra conservatives the most, but they are NOT representative of most Americans!

[beetleblack]

I would hope the forum members who aren't American realize that the minorities are always the most vocal. You hear about the ultra conservatives the most, but they are NOT representative of most Americans!

Don't worry about it - we have those very vocal ultra annoying conservatives in this country (United Kingdom) too.

[ladymako71]

Is there a provision in the law to allow childless people to sue parents for failing to control their screaming demanding whiney brats from enjoying our peace and quiet?
How about suits against parents who let their children watch R movies?
This law could also affect movie distribution, DVD sales/rentals, book publication.
I would hope the forum members who aren't American realize that the minorities are always the most vocal. You hear about the ultra conservatives the most, but they are NOT representative of most Americans!

If only. I'd be buying Tahiti right about now if there was such a provision. The thing with the ultra conservatives is they make up roughly 35% of the voting population according to a survey done last year. One group who has avoided elections and can actually change the landscape of politics is the so called 'lipstick liberals'. Women 30 or younger with no hubby and no kids.

Studies have found that they avoid the polls because nothing or no one is addressing THEIR interests and their needs. Married couples get tax breaks, the more kids ya got the bigger the tax break, these aren't seen as fair to women like me who have no interest in starting a family now and are paying through the nose so the breeders can sit on their arses while we add to the coffers for them. (yes I fall into this catagory but I have voted consistantly since turning 18...the only plus to having dual citizenship in my case)

But back on track here...yes this will affect every form of media outlet out there. The reason I posted this is because the CBLDF is seriously concerned because by popular thinking, comics are still a 'kiddie' thing, and not the drooling obsession of adults that they have become.


I'd rather think of it that there are a lot of American's with their head screwed on HOWEVER they are not as vocal as these so-called 'Christian' gun-totting right-wingers who never seem to shut up.

America is the land of the free... allegedly.

I don't know there mate. I live in California and going by what I see on a daily basis a lot of them here are bloody morons. California also posseses 1 out of every 5 U.S. residents. A full fifth of the country's population. Yes SF is quite liberal and anything remotely treatening liberties of any kind no matter who it affects is seen as a threat that must be stomped out. But SF consists of roughly 1.5 million people to the state's 53 odd million, many of whom tend to be conservative. (Even in the surrounding Bay Area) What I do hope in the case of this insane bill (drafted by the rep from San Diego no less...) is that the few brains down in L.A. will see how it affects their number one industry...film. They have the money and the power down there to sway congress into deciding it's a bad idea...and I just had a brainstorm...instead of writing reps and senators, write to the bigwigs in Hollywood.

[DelBubs]

I would hope the forum members who aren't American realize that the minorities are always the most vocal. You hear about the ultra conservatives the most, but they are NOT representative of most Americans!

I think the majority of non American forum members know that it's just a vocal minority with strange ideas who tend to get themselves noticed. The Americans have the ultra right to present ludicrous legislation, we have the EU, straight bananas was one of their better ones.

We did ultra right back in the 80's, Maggie Thatchers government drew up plans regarding special camps for HIV sufferers.

[kozzi24]

Maybe seeing this in the wind was one reason Marvel started labeling comics PG+ etc, to throw some accountability back into the hands of the parents. It can at least show the intent that comics aren't just for kids.
The basic problem with America is that people see their freedom of speech as license to smother the same rights of others.
This is supposed to be a melting pot country of tolerance for all views. All too often it just gives us people to hate close by rather than a national identity that fosters hatred of distant other national identities.

When confronting pinheads with narrow minds, I ask outright, "Do you know America is a melting pot country meant to accommodate EVERYBODY?"

The answer is usually silence.

The real pinheads identify themselves by saying, "but they're wrong."

[Legerd]

So does this mean parents could sue the news networks? After all, the most disturbing stories are the ones that usually headline the shows, and they are all real! A comic with a story about a bad guy killing someone is fictional, but the news is factual (even if it's given a spin now and again) so which is okay and which isn't? Is it wrong to create a comic in which there are drawings of people who have been killed, but okay to show actual corpses (like in reports from Iraq) on primetime TV? :roll:
As for the costumes, aren't fashion shows televised? Don't the models in them wear outfits that are just as risque?
It's time people realized you can't hide the world from kids, you can only try to help them understand and cope with it.

[ladymako71]

So does this mean parents could sue the news networks? After all, the most disturbing stories are the ones that usually headline the shows, and they are all real! A comic with a story about a bad guy killing someone is fictional, but the news is factual (even if it's given a spin now and again) so which is okay and which isn't? Is it wrong to create a comic in which there are drawings of people who have been killed, but okay to show actual corpses (like in reports from Iraq) on primetime TV? :roll:
As for the costumes, aren't fashion shows televised? Don't the models in them wear outfits that are just as risque?
It's time people realized you can't hide the world from kids, you can only try to help them understand and cope with it.

I hate to say it mate, but if you read the papers here, there are parents who might just go after the news broadcasters as well. It's already happened once in San Francisco where a local news station was fined $11,000 for a story they did on a local teenager who was murdered because he was transgendered and the culprits didn't know it until they tried to have their way with the victim.

Now this particular incident fell under the FCC 'decency' code, the same one that's gotten Howard Stern taken off the air. It may well happen if this bill passes too.

I have been keeping an eye on it...in aprt because it was some sod from California that introduced the damn thing in the first place, but also because it really does worry me. It appears to have stalled for the moment...So who knows?

[JohnnyCanuck]

To all Americans. Bush must be stopped.
I know that the Oral Minority aka Moral majority geta lot of things pushed through. It's complacency (sp?) among the rest of the people that allow these people to push bills through.
Bush's government goes crusading around the world freeing the oppressed but meanwhile at home they are oppressing the free.
His clearcut censorship of Radio shows through FCC fines for violations that didn't exist when alleged violations occurred.
His tax breaks for religious groups which clearly violates seperation of church and state provisions.
He is a threat to the entire free world. He is a fanatic that is every bit as dangerous as the fanatics that attacked the US.

Vote democratic in the next election. Save your country. help the world

[kozzi24]

The cencorship was a bill put forth by officals in California, not by Bush.
And if you think either Clinton or Gore were these great liberal democrat guys, recheck the facts!
In fighting the oral minority (yes, oral, because they suck!) you and like minded people also have to be verbal to the people drafting the bills.
The difficulty in this is that minoritieas are always focused while the majority always leaves it to someone else.

[ladymako71]

hence why I posted this here in the first place. I am one of those rare obnoxious 'liberals' who has the gall to stand up against the Oral Majority in an effort to shut them up. ;)