For their
dedication to the
preservation of First Amendment rights for members of the comics
community, the
Comic Book Legal Defense Fund (CBLDF) has been selected to receive the
2010
Robert B. Downs Intellectual Freedom Award given by the faculty of the
Graduate
School of Library and Information Science at the University of Illinois
at
Urbana-Champaign.
It is often
taken for
granted that the expressive freedoms guaranteed by the First Amendment
apply to
all works of art and authorship, and that the protections accorded to
texts,
images, and musical compositions aren't limited to specific genres or
expressive media. But a review of problems faced over the last two
decades by
creators of comic books, graphic novels, and games doesn't bear out
this
common-sense expectation.
The CBLDF is
being honored
for their consistent dedication to the active defense of First
Amendment
rights. Highlights of their recent work include:
·
In 1991,
the CBLDF helped comic artist Paul Marvides successfully challenge
a California State Board of Equalization decision to levy sales tax on
comic
strip art. At issue was whether comic
book pages qualified as original manuscripts and therefore exempt from
tax, or
as mere commodities rather than creative works.
·
In 2000,
CBLDF helped fund the defense of comic book artist Kieron Dwyer
against a copyright and trademark infringement lawsuit brought by the
Starbucks
Corporation. Dwyer was forced to settle out of court on the trademark
infringement, but the case established that satire is protected speech.
·
From 2004
to 2007, CBLDF supported the legal defense of Gordon Lee, a comic
book shop owner in Georgia, who was prosecuted for distributing
sexually
explicit materials to minors (he gave away copies of an excerpt from
The Salon,
a graphic novel about Picasso and others in 1920's Paris). After two
trials, a
judge declared a mistrial.
·
In 2006,
the CBLDF issued a letter supporting the retention of Alison
Bechdel's "Fun Home" (a Time Magazine book of the year) and Craig
Marshall's "Blankets," which were the subjects of reconsideration by
the Marshall (MO) Public Library after a patron complained they were
pornographic.
·
In 2010,
CBLDF joined with the American Booksellers Association and other
groups to challenge a new Massachusetts law that holds website
operators or
anyone communicating through listservs criminally liable for any
transmission
deemed harmful to minors. Also in 2010, CBLDF joined with the Alaska
Library
Association and other groups to challenge a new Alaska law similar to
the Massachusetts
law described above.
·
CBLDF filed
a brief in 2010 supporting the video game industry in the case
of Schwarzenegger v. EMA, heard this fall before the US Supreme Court:
in this
case, California seeks to ban the sale or rental of violent video games
to
minors.
The 2010 Downs
Intellectual
Freedom Award will be presented to the CBLDF during the midwinter
meeting of
the American Library Association in San Diego, California, on January
8, 2011,
from 5:45 to 7:15 p.m. in Room 11A of the San Diego Convention Center.
ABC-CLIO, a publisher of reference, contemporary thought, and
professional
development resources, provides an honorarium for the recipient and
co-sponsors
the reception. Please check the location
of the reception and the award presentation in the ALA Midwinter
Conference
Program in case of any changes in location.
The Robert B.
Downs
Intellectual Freedom Award is given annually to acknowledge individuals
or
groups who have furthered the cause of intellectual freedom,
particularly as it
affects libraries and information centers and the dissemination of
ideas.
Granted to those who have resisted censorship or efforts to abridge the
freedom
of individuals to read or view materials of their choice, the award may
be in
recognition of a particular action or long-term interest in, and
dedication to,
the cause of intellectual freedom. The award was established in 1969 by
the
GSLIS faculty to honor Robert Downs, a champion of intellectual
freedom, on his
twenty-fifth anniversary as director of the school.