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LAST UPDATED APRIL 2005
©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
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NCAC Censorship News Issue #90:
News From The Courts
Summer
2003
- At the end of its term the Supreme Court dealt a blow
to the right of library patrons to unfiltered use of computers,
ruling that the Children's Internet Protection Act (CIPA)
is constitutional. The Justices acknowledge that filters
block material that is protected speech and fail to block
much targeted sexual content, but ruled, nonetheless, that
Congress may withhold funding from libraries that don't
filter the Internet, in the interest of protecting minors
from expression that is "harmful to minors."
Dissenters disagreed with the majority's rationale that
the law is constitutional in large part because adults can
ask to have a computer unblocked, pointing out that the
unblocking process is burdensome.
The ruling overturns a federal district court opinion that
CIPA violates the First Amendment. (For more information
on the case, click here)
- The Eighth Circuit Court of Appeals ruled unconstitutional
a St. Louis ordinance prohibiting sales of video games with
graphically violent content to minors without parental consent.
In enjoining enforcement of the ordinance, the court said
that the First Amendment protects entertainment as well
as political or ideological speech. The case is Interactive
Digital Software Association v. St. Louis County.
- Parody is protected by the First Amendment, ruled the
California Supreme Court, overturning a lower court decision
in the case of Edgar Winter, et al. v. DC Comics, et
al.
Musicians Johnny and Edgar Winter had sued DC Comics for
"illegally exploiting their images" and for violating their
publicity rights with comic book portrayals of them as half-human,
half-worm creatures Johnny and Edgar Autumn.
"Although the
fictional characters... are less-than-subtle evocations
of Johnny and Edgar Winter, the books do not depict plaintiffs
literally. They are distorted for purposes of lampoon, parody,
or caricature," wrote Justice Ming Chin for the court.
- Harry Potter books are back in full circulation
at the Cedarville School District libraries, thanks to an
order from a federal judge in Little Rock, Arkansas. Responding
to a complaint from a parent who called the books "evil"
for their depictions of wizardry, three school board members
had voted to require parental permission for children to
read the books claiming that they prompt children to "disobey
authority and push occult messages."
Judge Jim Hendren ruled:
"Regardless of the personal distaste with which these individuals
regard 'witchcraft,' it is not properly within their power
and authority as members of defendant's school board to
prevent the students at Cedarville from reading about it....[T]he
conclusion is inevitable that defendant removed the books
from its library shelves for reasons not authorized by the
Constitution."
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