ABFFE
UPDATE Debuts
You are looking at the first issue of ABFFE
UPDATE, a monthly report on the activities of the American Booksellers Foundation for
Free Expression and other First Amendment news that will be sent to interested ABFFE
members. If you do not want to receive it, please contact Chris Finan, ABFFE president,
telephone, (212) 587-4025, fax, (212) 587-2436. ABFFE’s address is 139 Fulton St.,
Suite 302, NY, NY 10038.
CDA II
Challenge Goes to Trial
The legal challenge to the new
federal Internet censorship law, the Child Online Protection Act, goes to trial Wednesday
in Philadelphia when a motion for a preliminary injunction will be heard by Federal
District Court Judge Lowell A. Reed, Jr. ABFFE, Powell’s Books and A Different Light
Bookstores have joined 14 other plaintiffs in challenging the law, which is known as CDA
II because of its similarities to the Communications Decency Act, the Internet censorship
law struck down by the U.S. Supreme Court in 1997. Following a hearing in November (during
which Norman Laurila, the president of A Different Light and a member of the ABFFE board,
testified), Judge Reed issued a temporary restraining order blocking enforcement of the
law. He has promised a decision by February 1.
ABFFE Joins
Oprah in Fight Against Veggie Libel Suit
You probably thought it was impossible to
offend a vegetable. The existence of "veggie libel" laws in 13 states proves
otherwise. You may remember that Oprah Winfrey was sued for allegedly violating the Texas
"food disparagement" law when she said on her show that she was going to stop
eating beef because she was afraid of contracting mad cow disease. A group of Texas beef
producers claimed that her statement was based on false information and was therefore
constituted "disparagement" under the recently approved law. Following a six
week trial, a jury declared that Oprah’s remark was protected by the First Amendment.
"Free speech not only lives, it rocks," she said.
Unfortunately, the verdict did not end the
threat of veggie libel laws. The judge left open the possibility of future suits by
ducking the issue of whether the Texas statute violates the First Amendment. Veggie libel
laws pose a real danger to First Amendment rights because they can be used to silence
writers who question the safety of our food supply. They could have been used to attack
Upton Sinclair’s "The Jungle" or Rachel Carson’s "Silent
Spring." Like all libel laws, they raise the prospect of costly litigation for any
publisher who is considering a book that exposes dangers in the industry.
The verdict didn’t even put an end to
Oprah’s problem. The Texas cattlemen have now taken their case to the U.S. Court of
Appeals. ABFFE has joined the Association of American Publishers, the Society of
Professional Journalists and the Center for Science in the Public Interest in filing an
amicus brief that underscores the danger of the veggie libel laws to First Amendment
rights.
ABFFE
Supports Teacher Fired for Refusing to Censor Students
ABFFE has also joined an amicus brief urging
the U.S. Supreme Court to consider the case of Cecilia Lacks, a St. Louis public school
teacher who was fired because she permitted students in her 11th grade English class to
use profanity in a written assignment. Lacks sued arguing, among other things, that the
firing would have a chilling effect on the First Amendment rights of both teachers and
students. A jury in federal court supported Lacks, but the school board appealed and in
June an appeals court overturned the verdict. With the support of the National Education
Association, Lacks is now appealing her case to the Supreme Court.
There were three cases last year in which
teachers lost First Amendment challenges involving censorship of classroom material. In
general, the courts have deferred to school officials who argue that they must be free to
censor in order to maintain discipline. The Lacks case offers the Supreme Court the
opportunity to balance the need for order with the need to protect First Amendment rights.
Other participants in the amicus include the American Society of Journalists and Authors,
the National Coalition Against Censorship and the National Campaign for Free Expression.
Autographed
Books Sought for ABFFE Silent Auction
Each year at BookExpo America, ABFFE runs a
silent auction of books, audio and videotapes, and other products and services.
Autographed books are of increasing importance in the auction. There are many collectors
at the convention who value highly the first edition hardcovers that are autographed when
authors visit bookstores. Donations can be sent to Audrey Eisman, the silent auction
manager, at ABA, 828 S. Broadway, Tarrytown, NY 10591. If you have any questions, please
call or E-mail Audrey at (914) 591-2665x289, Thank you for your support!
ABFFE Seeks
New Members
The American Booksellers Foundation for Free
Expression is the only organization dedicated to the defense of the First Amendment rights
of booksellers. Please join us! Members receive ABFFE’s pamphlets on defending free
speech and privacy in the bookstore as well as the monthly ABFFE UPDATE, a report on
ABFFE’s activities and other First Amendment news. Individual membership is $35 per
year. Store membership is $100 per year. ABFFE address is 139 Fulton St., Suite 302, NY,
NY 10038.
Previously in ABFFE Update
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