In 1995, a Florida man was arrested for speaking his mind, and putting his voice to paper.

He aired his opinion on a number of sensitive topics, including child abuse, date rape, and the inhumanity and intolerance brought about by the abuse of religion. He published his opinions, and was arrested for the production, advertising, and distribution of obscene materials. In late 1997, he was convicted for the production and distribution of obscene materials, and sentenced to a $3,000 fine, to undergo psychological testing, to have no contact with children under 18 years of age, to perform 1,248 hours of community service, enroll in a journalistic ethics course, and to live under three years of probation, during which his residence could be inspected at any time, without warning or warrant, to determine if he was in possession of, OR WAS CREATING obscene material.

All because he had an opinion, and dared to publish it.

The creator in question is Mike Diana, a comic book writer/artist from Largo, Florida. The work in question is Diana's 'zine (fanzine), "Boiled Angel". You read that correctly. A 21 year old guy was convicted of obscenity based on a zine he photocopied about 200 copies of. It's a scary world out there people.

Luckily though, there are people and organizations out there fighting the good fight. For the comics field, it's the Comic Book Legal Defense Fund (CBLDF). The CBLDF is an organization set up to protect the constitutionally granted rights of anyone involved in the comic book industry. From retailers to creators, the CBLDF works in conjunction with other civil liberties groups and rights organizations, such as the ACLU to ensure the freedom for comics professionals to create, distribute, and sell their work. In their own words:

"The CBLDF exists to fight censorship and defend the first amendment rights of comic book professionals throughout the United States."

- CBLDF Mandate, taken from their website.

Sounds easy right? I mean, there are the constitutional amendments, spelled out for all to see. The first one, freedom of speech is there. So we shouldn't need this organization at all, but unfortunately we do. Another quote from the CBLDF website:

"The CBLDF's guiding principle is that comics should be accorded the same constitutional rights as literature, film, or any other form of expression. Authorities around the country are increasingly taking the opposite view. The censors and the 'politically correct' tend to pick on the comic industry because they regard comics as products for kids and thus view adult/mature comics as inappropriate, or even illegal. The CBLDF intends to fight these attacks..."

- CBLDF, from their website.

Back to Mike Diana then. His work, judged by a jury of his peers was found to be "obscene", and therefore not protected by his first amendment rights. But the work in question, was it obscene? And the community standards by which his work was judged... who's community? The comic community? Or the 50-something year olds in a highly religious area of Florida that made up the jury? Questions, incidentally, that all of us as members of this on-line community have heard when it comes to defending our own medium.

1997 was not a good year for the CBLDF. It lost the Mike Diana case, and it lost another high-profile case involving retailers from Planet Comics in Oklahoma City. Two retailers were convicted of selling obscene material, to an undercover police officer. Two retailers, convicted of selling adult material to an adult who asked for it. Except, the two Planet Comics retailers didn't even fight it out; they accepted a plea bargain offered by the District Attorney's office three days before the case went to trial. Why? To get the whole thing behind them. Does this sound like due process to you?

If this weren't happening to the comic book medium, if this were happening in film or television or even print media, there would be a public outcry against the "fascist regime". But instead, because it's happening in the comic industry and no one stops to think about the ramifications of court rulings against these "funny books". There are very dangerous legal precedents being set here, and all artists and writers should take care.

"It was the first time an artist had been convicted and sentenced to punishment for ideas and images created from his own imagination. This case is important because it will have a dramatic effect on the concept of artistic freedom in our contemporary society."

- Luke Lirot, Mike Diana's attorney speaking after Mike Diana's appeal to the Supreme Court was overturned.

I strongly urge you to support the CBLDF through donations. You can get really nice looking stuff for your donation, and on top of that the CBLDF is a legal charity and all donations are Tax Deductible. You can find out more about how to donate and what you'll get by donating by going to www.cbldf.org/product.htm or by clicking the link below.

I'm going to close this month's column with an open letter from the CBLDF that found it's way to my e-mail box 3 times, as well as having come across it on numerous websites and newsgroups. It's an important one, and once again PLEASE donate to the CBLDF, because they're fighting for our industry's future as a viable, free method of self-expression.

Open letter from Comic Book Legal Defense Fund

1997 will be remembered as a turbulent and exasperating year in the on-going battle to protect the First Amendment rights in the comics industry. In June, Mike Diana became the first American artist convicted of obscenity. Incredibly, his parole conditions forbade him from drawing "obscene" images even in the privacy of his own home. In September, despite our staunch willingness to defend them, the owners of Planet Comics pled guilty to felony charges for selling an adult comic book to consenting adults.

If this sounds like the battlefield is getting tougher, you're right. The Comic Book Legal Defense Fund (CBLDF) exists to fight censorship and to protect the First Amendment rights of everyone in the comics community. But we can't continue the fight without your help.

Since 1990, the CBLDF has successfully defended this industry's right to create and sell comics responsibly, without interference. These legal battles cost serious money. In the last four years, we've raised over $500,000 to preserve the First Amendment freedoms of all comics professionals. Unfortunately, our legal fees and operating costs for this period are more than $520,000.

It's been a tough and expensive year for the CBLDF, and our financial reserves are dangerously low. It's more important than ever that you help replenish our treasury, the battle to secure our First Amendment rights is far from over.

I know you're busy with your everyday personal and business demands. But I also know you support our efforts. You may not be able to join us in the trenches, but you can help a great deal. By making a contribution, you directly help the CBLDF continue to fight the good fight. Please send your tax-deductible donation to:

The Comic Book Legal Defense Fund PO Box 693 Northampton, MA 01061

Anything you can give will be greatly appreciated.

Sincerely,

Denis Kitchen President

The Comic Book Legal Defense Fund is a non-profit, tax-exempt organization dedicated to the preservation of First Amendment rights for creators and retailers in the comics community. Donations can always be sent directly to the Comic Book Legal Defense Fund at P.O. Box 693, Northampton, MA 01061. Be sure to check out Busted! The Official Newsletter of the CBLDF or their web page at http://www.cbldf.org for more CBLDF news.

Thanks,

Christopher Butcher <cro2@212.net>
Go Back to The Comicbooks Section

(Illustrations: Top: "It's Obscene", Rolling Stone artist Peter Kuper Explores the Mike Diana Trial. Middle: A CBLDF T-Shirt design, that looks pretty Snazzy.)