U.S. District Court issues order staying enforcement of Arizona law
U.S. District Court Judge Susan Bolton entered an order staying the enforcement of the Arizona law pending the state legislature’s possible reconsideration of the law.
The order, which also puts the lawsuit on hold, was issued at the joint request of the Arizona attorney general and the booksellers, publishers, librarians and media organizations challenging the law.
Read about the case »
Supreme Court issues ruling in First Amendment case
On June 16, the U.S. Supreme Court ruled in Susan B. Anthony List v. Driehaus that “a credible threat of enforcement” is a sufficient threat of injury to establish standing in a First Amendment case when bringing a “pre-enforcement” challenge.
The Court cited the standard in Media Coalition’s case Virginia v. American Booksellers Association of a “reasonable fear of prosecution” as an acceptable formulation of the “credible threat” standard. Media Coalition submitted an amicus brief in Driehaus.
Read about the case »
Media Coalition tracks hundreds of legislation in Congress and all 50 states that may have First Amendment implications every year.
The Legislative Tracker includes up-to-the-minute updates of state and federal legislation, as well as Media Coalition’s summary of the legislation.
MEDIA COALITION is an association that defends the First Amendment rights of producers and distributors of books, movies, magazines, recordings, home video, and video games, and defends the American public’s First Amendment right to have access to the broadest possible range of information, opinion and entertainment.
Pennsylvania prior restraint law challenged in lawsuit
On November 10, 2014, a First Amendment lawsuit was filed in U.S. District Court challenging Pennsylvania S.B. 508, a law that would allow a victim to bring civil action against an offender for conduct the perpetuates the “continuing effect of the crime” on the victim.
The law would allow a judge to block the publication and distribution of books, movies and other media created with the cooperation of the person convicted of a crime, such as books like In Cold Blood and movies like Goodfellas and The Thin Blue Line. We submitted a memo in opposition to the bill when it was being considered in the Pennsylvania legislature and a letter to Governor Tom Corbett urging him to veto it, because it is an unconstitutional prior restraint on speech and a content-based restriction.
Frequently Asked Questions: Antigone Books v. Horne
The FAQ explains why booksellers, librarians, publishers and media organizations are challenging an Arizona law criminalizing the publication of a nude photo without the consent of the person depicted. The law is an overbroad content-based restriction on speech, and its severe criminal penalties will have an unconstitutional chilling effect on booksellers and librarians. Many will simply decline to carry any materials containing nude images to avoid the risk of going to prison.Read the FAQ »
Arizona criminal law banning nude images violates First Amendment
A broad coalition of bookstores, newspapers, photographers, publishers and librarians filed a lawsuit in federal court today challenging a new Arizona law that criminalizes speech protected by the First Amendment. “This law puts us at risk for prosecution,” said Gayle Shanks, owner of Changing Hands Bookstore, one of the plaintiffs. “How am I supposed to know whether the subjects of these photos gave their permission?”Read the press release »
U.S. Senate Bill 2536: Free speech groups send letter to U.S. senators
On November 12, 2014, nine organizations sent a letter to the U.S. Senate expressing opposition to Senate Bill 2536, the Stop Advertising Victims of Exploitation (SAVE) Act, citing free speech concerns. The bill would impose restrictions and liability on publishers and website operators running advertisements that may include those for commercial sex acts. The letter was in response to one sent by 53 Attorneys General to the Senate Judiciary Committee, urging passage of the bill.Read the letter »
New Jersey Assembly Bill 3148: Committee holds hearing on bill
On October 23, 2014, the New Jersey Assembly Committee on Consumer Affairs held a hearing on A.B. 3148. The bill would bar any advertisements of goods that are illegal for minors — including those under the state’s “obscene for minors” law — if the website is directed to minors or if the website owner has actual knowledge that a minor is using the website. New Jersey’s “obscene for minors” law does not follow the Miller/Ginsberg standard.See the bill »
Michigan Senate Bill 924: House Committee considering the bill
Michigan S.B. 924 is currently being considered in the House Committee on Criminal Justice. It passed the Senate on June 4, 2014. The bill would bar the posting on the Internet of any “sexually explicit” photograph, drawing or other image of another person with the intent to frighten, intimidate or harass. It would also make it illegal to refuse or fail to remove such a photo upon written request by the person depicted regardless the motivation for posting it.See the bill »
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Media Coalition is the only organization whose sole mission is to protect the First Amendment rights of the media in Congress, state legislatures and the courts. Our members represent the majority of booksellers, publishers, librarians, film, recording and video game producers, and home video and video game retailers in the United States.