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This story first
appeared in:

Daily Press and
Argus

Thursday, July 1,
2004

General

Back

Fans,
free-speech advocates balk at bill

A bill recently
introduced to the U.S. House of Representatives by a
California congressman has some comic book fans worried that
their First Amendment rights may be violated.

According to U.S. Rep. Duncan Hunter's press release, The
Parents Empowerment Act of 2004 says that people who expose
children to damaging pornographic and indecent material may be
sued by the children's parents. A district court may then
award the parents a minimum of $10,000 for each damaging
incident, as well as compensation for any legal fees incurred
as a result of the lawsuit.

"Each and every day, millions of children access the
Internet and other interactive entertainment products," Hunter
stated. "As this number increases, more and more of our
nation's children are unexpectedly and tragically exposed to
pornography."

Howell comic book author Eric Wilmoth believes that the
bill infringes on the First Amendment rights of comic artists
who create material that some might find offensive.

"It threatens a vendor's ability to promote something that
may not be offensive to anybody but a specific individual," he
said. "It gives that parent a right to target that person. It
threatens free speech because even if there wasn't a good case
against the defendant, they'd still have to deal with it. They
might not voice what they really feel because they're afraid."

"If you're talking about a retail store, most businesses
abide by those laws (regarding the display of adult
material)," Wilmoth said. "In a comic book convention, it
becomes more of an issue."

So, how should parents know whether or not their kids will
be exposed to pornographic material before going into a comic
book store?

"Go into a store and talk directly to the store owner,"
Wilmoth said. "Explore a shop before you take your kids there.
Most shops are good about keeping the adult and kid materials
separate."

U.S. Rep. Mike Rogers, R-Brighton, has not had a chance to
look over the bill yet and does not have a position on it,
according to his press secretary, Sylvia Warner.

Charles Brownstein, executive director of the Comic Book
Legal Defense Fund, a nonprofit agency that fosters First
Amendment education, said that he believes the bill is
blatantly unconstitutional.

Brownstein said that this is the second time Hunter has
tried to push the bill through. The first time, it died in
committee.

He emphasized that comics are not exclusively for children.

"Comic stores are like Barnes and Nobles," Brownstein said.
"You've got your kids' section and your general audience
section."

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