Author: Betsy Gomez

Banned Comic Books for Banned Books Week

(In honor of Banned Books Week (September 30-October 6, 2012) we are reprinting this list from the Comic Book Legal Defense Fund, and will be reprinting lots of stuff from them over the coming week to highlight their efforts. Donate now! —CM)

Banned Books Week is upon us, and it’s telling that the event is more relevant than ever in its 30th year. Given their visual nature and the rampantly held misconception that comic books are for children, comics are among the most challenged and banned books in libraries and schools. Let’s take a look at some frequently challenged and banned comics…

Amazing Spider-Man: Revelations by J. Michael Straczynski, John Romita, Jr., and Scott Hanna

• Location of key challenge: A middle-school library in Millard, Nebraska

• Reason challenged: Sexual overtones

The parent of a 6-year-old who checked out the book filed a complaint and took the story to the media; the parent also withheld the book for the duration of the review process rather than returning it per library policy.

Batman: The Dark Knight Strikes Again by Frank Miller and Lynn Varley

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• Location of key challenge: Stark County District Library in Canton, Ohio

• Reason challenged: Sexism, offensive language, and unsuited to age group

Despite the challenge, the library retained the book and now holds two copies, which are shelved in the Teen section.

Blankets by Craig Thompson

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• Location of key challenge: The public library in Marshall, Missouri

• Reason challenged: Obscene images

CBLDF wrote a letter to the Marshall library on behalf of Blankets and Alison Bechdel’s Fun Home, playing a key role in keeping both books on shelves.

Bone by Jeff Smith

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• Location of key challenge: Independent School District 196 in Rosemount, Minnesota

• Reason challenged: Promotion of smoking and drinking

A letter from Jeff Smith decrying the attempted ban of his book was read aloud at the library review committee’s hearing, and the challenge was ultimately rejected by a 10-1 vote, to the praise of Smith and the CBLDF.

Dragon Ball by Akira Toriyama

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• Location of key challenge: All public school libraries in Wicomico County, Maryland

• Reason challenged: Violence and nudity

The library review committee recommended that the books in the Dragon Ball series, which were recommended by the publisher for ages 13+, be removed from the entire public school library system, including at the high school level.

Fun Home by Alison Bechdel 

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• Location of key challenge: The public library in Marshall, Missouri

• Reason challenged: Obscene images

CBLDF wrote a letter to the Marshall library on behalf of Fun Home and Craig Thompson’s Blankets, playing a key role in keeping both books on shelves.

Ice Haven by Daniel Clowes

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• Location of key challenge: A high school in Guilford, Connecticut

• Reason challenged: Profanity, course language, and brief non-sexual nudity

A high school teacher was forced to resign from his job after a parent filed both a complaint with the school and a police complaint against the teacher for lending a high school freshman a copy of Eightball #22, which was later published as the graphic novel Ice Haven.

In The Night Kitchen by Maurice Sendak

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• Location of key challenge: Multiple locations

• Reason challenged: Nudity

In the Night Kitchen was not often removed from shelves; instead, librarians censored it by painting underwear or diapers over the genitals of the main character, a precocious child named Mickey.

League of Extraordinary Gentlemen: The Black Dossier by Alan Moore and Kevin O’Neill

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• Location of key challenge: Jessamine County Public Library in Kentucky

• Reason challenged: Sex scenes

Two employees of the Jessamine County Public Library in Kentucky were fired after they took it upon themselves to withhold the library’s copy of League of Extraordinary Gentlemen: The Black Dossier from circulation because they felt it was pornographic.

Maus by Art Spiegelman

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• Location of key challenge: Pasadena Public Library in Pasadena, California

• Reason challenged: Anti-ethnic and unsuited for age group

Nick Smith of the Pasadena Public Library describes the challenge as being “made by a Polish-American who is very proud of his heritage, and who had made other suggestions about adding books on Polish history… The thing is, Maus made him uncomfortable, so he didn’t want other people to read it. That is censorship, as opposed to parental guidance.”

Neonomicon by Alan Moore and Jacen Burrows

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• Location of key challenge: The public library in Greenville, South Carolina

• Reason challenged: Sexual content

Despite giving her 14-year-old daughter permission to check out the book, which was appropriately shelved in the adult section of the library, a mother filed a complaint, claiming the book was “pornographic.” CBLDF wrote a letter in support of the book, but it remains out of circulation pending review.

Pride of Baghdad by Brian K. Vaughn and Niko Henrichon

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• Location of key challenge: Various

• Reason challenged: Sexual content

Despite receiving high praise from the ALA and Booklist and featuring a cast consisting of animals, the book has been challenged at libraries for sexual content.

Sandman by Neil Gaiman and various artists

• Location of key challenge: Various

• Reason challenged: Anti-family themes, offensive language, and unsuited for age group

When asked about how he felt when Sandman was labelled unsuitable for teens, Gaiman responded, “I suspect that having a reputation as adult material that’s unsuitable for teens will probably do more to get teens to read Sandman than having the books ready and waiting on the YA shelves would ever do.”

SideScrollers by Matthew Loux

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• Location of key challenge: The public school district in Enfield, Connecticut

• Reason challenged: Profanity and sexual references

The school district removed the book from non-compulsory summer reading lists, possibly violating its own review policy, which states in part that “no parent nor group of parents has the right to negate the use of educational resources for students other than his/her own child.” CBLDF wrote a letter in support of the book and is still awaiting a response from the school board.

Stuck in the Middle, edited by Ariel Schrag

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• Location of key challenge: The public school system in Dixfield, Maine

• Reason challenged: Language, sexual content, and drug references

CBLDF wrote a letter in support of the book, and the school board voted to leave the book on library shelves with the caveat the students must have parental permission to check out the book. “While we’re pleased to see the book retained in the library’s collection, we’re very disappointed that it is retained with restrictions,” said Executive Director Charles Brownstein.

Stuck Rubber Baby by Howard Cruse

• Location of key challenge: Montgomery County Memorial Library System, Texas

• Reason challenged: Depiction of homosexuality

The book was challenged alongside 15 other young adult books with gay positive themes. The book was ultimately retained in the Montgomery County system, but was reclassified from Young Adult to Adult.

Tank Girl by Alan Martin and Jamie Hewlett

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• Location of key challenge: Hammond Public Library in Hammond, Indiana

• Reason challenged: Nudity and violence

The Tank Girl books are meant to entertain an adult audience, frequently depicting violence, flatulence, vomiting, sex, and drug use. After the 2009 challenge, the Hammond Public Library chose to retain the book, and it remains on shelves today.

The Color of Earth by Kim Dong Hwa

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• Location of key challenge: Various

• Reason challenged: Nudity, sexual content, and unsuited to age group

When the American Library Association’s Office of Intellectual Freedom released their list of the Top Ten Most Frequently Challenged Books of 2011, the second-most challenged book on that list was The Color of Earth, the first book of a critically-acclaimed Korean manwha, or comic book, series.

Watchmen by Alan Moore and Dave Gibbons

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• Location of key challenge: Various

• Reason challenged: Unsuited to age group

Watchmenreceived a Hugo Award in 1988 and was instrumental in garnering more respect and shelf space for comics and graphic novels in libraries and mainstream bookstores. The inclusion of Watchmen in school library collections has been challenged by parents at least twice, according to the American Library Association’s Office for Intellectual Freedom.

Given their visual nature, graphic novels and comic books are among the most-challenged books in libraries and schools. CBLDF is an official sponsor of Banned Books Week, which takes place September 30 – October 6, 2012. Please help support CBLDF’s defense of your right to read by making a donation or becoming a member of the CBLDF!

Join the CBLDF Website Team!

Join the CBLDF Website Team!

Just last week, the CBLDF website was recognized by Tom Spurgeon with The Comics Reporter for our “content explosion,” and we want to do more! CBLDF is looking for contributors to add to our already spectacular roster of bloggers. Whether you’re a journalism student looking for experience, a passionate fan of comics and Free Speech, or an educator and librarian who wants to share your experiences, CBLDF is looking for your voice!

Each member of our website team will be asked to identify and/or generate content about relevant Free Speech issues for www.cbldf.org on a weekly or semiweekly basis under editorial guidance from the Web Editor. The Web Editor may assign specific articles for coverage, but contributors will otherwise have flexibility in choosing what they write about. Our current contributors cover stories and generate original posts that run the gamut from the history of comics censorship to the international suppression of cartooning voices.

The blogging positions are voluntary. Articles will be seen by visitors to www.cbldf.org and cross-posted on CBLDF’s Facebook page, Twitter feed, and weekly newsletter, ensuring that several thousand people will see the articles. Contributors will be able to work from anywhere, set their own schedules, build writing and blogging experience, and boost their resumes. In doing so, contributors will support the important First Amendment work of CBLDF.

If you are enthusiastic about the First Amendment, a good writer, and able to take editorial direction, you’re a perfect candidate — apply today!

To apply, please send your resume and a writing sample to betsy.gomez@cbldf.org.

ABOUT THE COMIC BOOK LEGAL DEFENSE FUND
Comic Book Legal Defense Fund is a non-profit organization dedicated to the protection of the First Amendment rights of the comics artform and its community of retailers, creators, publishers, librarians, and readers. The CBLDF provides legal referrals, representation, advice, assistance, and education in furtherance of these goals.

Men Arrested in India for E-Mailing Cartoon

Men Arrested in India for E-Mailing Cartoon

When Jadavpur University professor Ambikesh Mahapatra e-mailed a cartoon mocking an Indian politician to friends, he probably didn’t expect to be arrested by local police in a midnight raid. Appallingly, Mahapatra and neighbor Subrata Sengupta were arrested in such a raid in April, and their case comes to trial in September. In response to the arrests, the West Bengal Human Rights Commission has asked authorities to take disciplinary action against the arresting officers and to compensate the men for their discomfort.

The Times of India shared the story, writing:

The duo got bail the next day, but the uproar caused by the arrests led to the WBHRC taking up the case on its own. The recommendations, which came on Monday, are, however, not binding on the government. Neither will they have any bearing on the ongoing case, which will come up for hearing at Alipore court on September 27. The three-member WBHRC is headed by Justice (retd) Asok Kumar Ganguly, who was part of the two-judge Supreme Court bench that delivered the 2G verdict earlier this year. Its other members are Justice (retd) N C Sil and S N Roy.

Quoting Jawaharlal Nehru, the commission said, “Nehru once said ‘it is good to have the veil of our conceit torn occasionally’. Referring to veteran cartoonist Shankar, Nehru also said, ‘Don’t spare me’”. Wondering why Mahapatra and Sengupta were victimized when “even during Emergency, when pre-censorship of the press was imposed, pre-censorship on cartoons was lifted after the first the first three months”, it found additional officer-in-charge Milan Das and sub-inspector Sanjay Biswas of East Jadavpur police station guilty of wrongful detention.

The Times further described the “crime” the men were accused of:

“At the time of their arrest, only allegations… were that they circulated by email a cartoon which was derogatory to hon’ble chief minister… Our constitution protects every citizen’s fundamental right of free speech and expression… No law in our country prevents criticism against ministers of chief minister however popular they may be or even a door-to-door critical campaign against ministers,” the WBHRC order said.

The commission found nothing wrong with the spoof. “This cartoon obviously referred to the recent political events in the aftermath of removal of Mr Dinesh Trivedi … and the appointment of Mr Mukul Roy. No one can attribute even remotely any suggestion which is lewd or indecent and slang … in respect of the subject. Therefore the case against those persons under Section 509 IPC prima facie does not lie,” it observed, questioning the grounds for framing of charges.

Mahapatra believes the arrests were retaliation ordered by someone superior to the arresting policemen and is protesting the arrest to prevent future harassment by officials. For more details on the case, visit The Times of India website here.

 

 

Few countries protect Free Speech as adamantly as the United States does, and censorship has a chilling effect worldwide. Please help support CBLDF’s important First Amendment work and reporting on issues such as this by making a donation or becoming a member of the CBLDF!

Betsy Gomez is the Web Editor for CBLDF.

CBLDF Teams with NCAC and ABFFE in Defense of Alan Moore’s NEONOMICON

CBLDF Teams with NCAC and ABFFE in Defense of Alan Moore’s NEONOMICON

CBLDF has joined forces with the National Coalition Against Censorship and the American Booksellers Foundation for Free Expression to write a letter in defense of Alan Moore’s Neocomicon (Avatar Press), which has recently been challenged in the Greenville, South Carolina, public library system. Objections to Neonomicon were raised by a patron after her teenage daughter checked out the book, which contains adult themes. The book was correctly shelved in the adult section of the library, and the teenager possessed a library card that allowed access to the adult section.

CBLDF joined NCAC and ABFFE in sending the following letter to the Library Board of Trustees at the Greenville County Public Library:

Dear Board Members,

On behalf of the National Coalition Against Censorship, the American Booksellers Foundation for Free Expression and the Comic Book Legal Defense Fund we strongly urge you to keep Alan Moore’s Neonomicon in the Greenville Public Library. This book has reportedly been challenged by a member of the community who claims its “sexually graphic” images make it inappropriate for the library.

Removing this book because of objections to its content is impermissible under the First Amendment. As the Supreme Court said in Board of Education v. Pico, the Constitution does not permit “officially prescribed orthodoxy” which limits what people may read, think, speak, or say. The fact that we are confronted with images and not words does not make a difference—the courts have ruled that images, like words, constitute symbolic expression and are protected by the First Amendment.

Neonomicon is a horror graphic novel which explores themes present in the works of fantasy writer H.P. Lovecraft, delving into complex issues of race, crime and sexuality. Moore and artist Jacen Burrows use the visual nature of the graphic novel medium to more fully examine the subject matter found in Lovecraft’s original work, achieving a commentary both on Lovecraft and on the horror genre itself. The authors deliberately disturbing depictions of sexual violence are included as a critical comment on how such subject matter is handled elsewhere within the genre. The book recently won the Bram Stoker award for “Superior Achievement in a Graphic Novel.” Its critical acclaim testifies to its artistic value which is aided, not eclipsed, by its sexual content.

Alan Moore is one of the most influential and acclaimed authors in both the graphic novel category and the larger literary culture. His body of work includes Watchmen, which Time Magazine named one of the 100 best English-language novels published since 1923. His works also include the graphic novels V For Vendetta, League of Extraordinary Gentlemen, From Hell, and Lost Girls, all of which have enjoyed tremendous critical acclaim. Neonomicon continues Moore’s explorations in appropriating classic literary characters and themes in the service of post-modern storytelling. It is an essential work by an author who is indisputably a master within his field.

The book was appropriately shelved in the adult section of the library. The fact that it was withdrawn by a minor, whose mother had given written permission for her to borrow materials from the adult section, is no basis for removing the book—an action that infringes the First Amendment rights of adult library patrons. Indeed, the removal of the book during the review process is itself problematic, since any government suppression of material because of objections to its viewpoint or content transgresses constitutional boundaries. As a legal matter, the harm has been done, even if it is later rectified.

The book meets the criteria that form the basis for the library’s collection development policy. Removing it because of sexual content not only fails to consider the indisputable value of the book as a whole, but also ignores the library’s obligation to serve all readers, without regards to individual tastes and sensibilities. If graphic violent and sexual content were excluded from the library because some people object to it, the library would lose ancient and contemporary classics, from Aeschylus’ Oresteia to Toni Morrison’s Beloved.

We strongly urge you to respect the rights of all readers to read and think freely, and to reject the notion that the views of some readers about the value of literature, or its “appropriateness”, maybe imposed on all. By keeping the books on the library shelves you will demonstrate respect for your readers and their choices, for the professionalism of the librarians who serve the reading public, and for the First Amendment and its importance to a pluralistic democratic society.

Please consult NCAC’s resource “Graphic Novels: Suggestions for Librarians” (http://ncac.org/graphicnovels.cfm) or contact us if there is anything we can do to help.

Sincerely,

Joan Bertin
Executive Director
National Coalition Against Censorship

Chris Finan
President
American Booksellers Foundation for Free Expression

Charles Brownstein
Executive Director
Comic Book Legal Defense Fund

You can view a PDF of the letter here.

Please help support CBLDF’s important First Amendment work and defense against library challenges such as this by making a donation or becoming a member of the CBLDF!

Join the Comic Book Legal Defense Fund as a Website Contributor!

Join the Comic Book Legal Defense Fund as a Website Contributor!

Are you a journalism student looking for blogging experience? Or a fan of comics and manga with great writing skills and something to say about Free Speech? Are you an educator or librarian who’s a dedicated supporter of the First Amendment? CBLDF would like to include your voice on our website!

CBLDF is looking for contributors to add to our roster of bloggers. Each member of our website team will be asked to identify and/or generate content about relevant Free Speech issues for www.cbldf.org on a weekly or semiweekly basis under editorial guidance from the Web Editor. The Web Editor may assign specific articles for coverage, but contributors will otherwise have flexibility in choosing what they write about.

The blogging positions are voluntary. Articles will be seen by visitors to www.cbldf.org and cross-posted on CBLDF’s Facebook page, Twitter feed, and weekly newsletter, ensuring that several thousand people will see the articles. Contributors will be able to work from anywhere, set their own schedules, build writing and blogging experience, and boost their resumes. In doing so, contributors will support the important First Amendment work of CBLDF.

If you are enthusiastic about the First Amendment, a good writer, and able to take editorial direction, you’re a perfect candidate — apply today!

To apply, please send your resume and a writing sample to betsy.gomez@cbldf.org.

ABOUT THE COMIC BOOK LEGAL DEFENSE FUND
Comic Book Legal Defense Fund is a non-profit organization dedicated to the protection of the First Amendment rights of the comics artform and its community of retailers, creators, publishers, librarians, and readers. The CBLDF provides legal referrals, representation, advice, assistance, and education in furtherance of these goals.

CBLDF: Protect Yourself at International Borders

CBLDF: Protect Yourself at International Borders

by Betsy Gomez

The Toronto Comic Arts Festival takes place this weekend, and CBLDF wants to make comics fans and creators crossing the border into Canada aware of their rights. Last year, several creators were subject to intrusive search on their way to TCAF, and creators Tom Neely and Dylan Williams had books seized by Canada Customs. In 2010, comics fan Ryan Matheson was arrested when he crossed the Canadian border with what Canada Customs thought were objectionable comic books on his laptop. You need to know your rights when crossing international borders with comic books.

In an interview with CBLDF, Neely and Williams described the search that led to the seizure before last year’s TCAF:

Neely: They asked us to stand by the wall of the building and asked for the keys to our car. They opened up our suitcases and pulled out a random sampling of about 5 comic books we had in our bags. Those included Blaise Larmee’s Young Lions and the Black Eye anthology published by Rotland Press, of which I’m a contributor. The security guy asked us what the books were. We described them as “art comics,” and he said he was going to take them inside for review. While we waited, two other security guards came out, opened the car and proceeded to pull out everything in the entire vehicle, pulled out a copy every book, and then went back inside.

Williams: The customs people pulled us over because we were importing merchandise. One agent went through our bags and pulled out a sample of books. He then came back out with Black Eye and Young Lions and asked us about them. Then two more agents came out and searched every bag in our car. They damaged some books. They were all really nice however, especially the first agent who talked with us about the content of the book.

Neely and Williams’ experience with Canada Customs agents doesn’t align with the experience faced by Matheson:

“I believe my treatment throughout the entire ordeal was unfair and unjust. I was abused by the police. The police station jail cell was kept unreasonably cold, and I was given a freezing cold slab of concrete as a bed. I asked for blankets or a pillow but was denied. I asked for food but was denied even after asking at least five times. I politely asked an officer at the police station if I could speak to the U.S. embassy, but she replied, “Are you serious? I don’t think we have that here,” and walked away. I was never able to talk to the embassy, and even when my brother arrived for my bail, he too was denied from seeing me at all. Police officers who transported me would slam metal doors on my head and laugh at me, saying “This one’s easy!” And finally, after being transported to the long-term detention center, guards would torment me with phrases like, “You know, if you get raped in here it doesn’t count!”  I was jailed for five days before bail, longer than most people. These are the horrible things I had to go through when I was simply accused of something.”

The good news is that Matheson’s ordeal is now over, and Neely and Williams were never accused of wrongdoing or arrested, even if they didn’t have the confiscated books to sell during TCAF. The bad news is that this kind of persecution can happen again.

CBLDF is pleased to offer important resources that you should read before you cross a foreign border. These tools aren’t designed to take the place of your lawyer. Nothing in them is intended as legal advice. But they are important overviews of the concerns travelers now face when crossing borders with comic art in printed form and on digital devices. These resources are must-reads for anyone crossing international borders with comic books.

Legal Hazards of Crossing International Borders With Comic Art — Prepared by Davis Wright Tremaine, this general advisory addresses issues concerning entering the United States with expressive materials, provides an overview of the phenomenon of border searches of expressive materials, describes the basic legal framework governing such searches, and offers some general suggestions for international travelers planning to transport expressive materials.

Pornographic Anime and Manga Under Canadian Law — Prepared by Edelson, Clifford, and D’Angelo, in light of the issues faced in R. v. Matheson, this memo addresses the disposition of Canadian law towards anime and manga, outlines the powers of Canada Border Services Agency, and provides a detailed discussion of the definition of child pornography under Canadian law, alongside the related sentencing guidelines and defenses for that offense.

Electronic Devices Privacy Handbook: A Guide To Your Rights — Prepared and hosted by the British Columbia Civil Liberties Association, this handbook is focused on privacy issues concerning travelers crossing the Canadian border with electronic devices. This tool addresses your rights at the Canadian border, including a discussion of the Customs Act, an overview of CBSA policies, best practices when crossing the Canadian border, and information on what to do if you’ve been searched.

Defending Privacy At The U.S. Border — Prepared and hosted by the Electronic Frontier Foundation, this resource provides an overview of privacy issues at the U.S. border, and detailed tips on how to protect your privacy and data, and what to do when interacting with border agents.

CBLDF Advisory: Crossing International Borders — Compiled by CBLDF in conjunction with our initial announcement about the Canada Customs Case and an increasing number of searches and seizures at international borders, this document discusses US Customs policies, the lack of legal protections during border searches, and suggestions for avoiding border searches.

In the event of a First Amendment emergency, call CBLDF at 1-800-99-CBLDF or send us an email at info@cbldf.org. We’re here to help!

Please help support CBLDF’s important First Amendment work and provision of resources such as this by making a donation or becoming a member of the CBLDF!