Over the past two weeks, members of Congress have proposed broad new restrictions on the First Amendment rights of both minors and adults as a way of forestalling a repetition of the violence that occurred at Columbine High School. ABFFE has worked closely with the Association of American Publishers, the American Library Association and others to beat back the worst of this legislation. However, advocates of censorship have made important gains, and the fight is far from over.

ABFFE Helps Defeat Ratings Bill Affecting Audiobooks Bills Requiring Internet Filtering in Libraries and Schools Advance Bill Restricting Sale of Books on "Bomb Making" Goes to Conference ABFFE to Distribute Violence Reading List; Seeks Help from Booksellers Flag Amendment Passes House for Third Time But With Fewer Votes Previous ABFFE Updates

The bill that would have hit booksellers hardest was the so-called Hyde amendment, which created a federal "harmful to minors" law. It provided that a bookseller could be sent to jail for up to five years for selling a minor a "harmful" work with sexual or violent content. Both Democrats and Republicans spoke against the bill when it came to the House floor on June 16. One Republican, Asa Hutchinson of Arkansas, cited a letter from ABFFE in justifying his opposition to the bill. "The book sellers have raised questions about books that it could jeopardize," he said. "[B]ook sellers would not jeopardize them[selves] going to jail in order to make a decision about these books. So there will be a chilling effect, and I think there is certainly a problem that the courts would address." The Hyde amendment was defeated by a vote of 282 to 146.

ABFFE Helps Defeat Ratings Bill Affecting Audiobooks

The day after the vote on the Hyde amendment, the House defeated a bill that required the creation of a system to rate the violence in audio and visual media products. Retailers covered by the act, including booksellers who sell audiobooks or videotapes, could be fined up to $10,000 for selling or renting a minor a work that carries a rating that indicates it is inappropriate for minor or even offering unrated works for sale. ABFFE wrote a letter protesting any effort to rate books, audio or otherwise. Although the House defeated the bill, there is still concern that it may be introduced in the Senate by Senators Joseph Lieberman (D-Connecticut) and John McCain (R-Arizona).

Bills Requiring Internet Filtering in Libraries and Schools Advance

Despite these successes, several censorship measures are making progress in Congress. On the same day that the House rejected the ratings bill, it approved legislation that would withhold federal money earmarked for helping schools and libraries provide Internet access unless they agree to install software filters that will block access to material that is "harmful to minors." This definition of "harmful" applies only to material with sexual content. Nevertheless, the bill is opposed by civil liberties groups because filters are often clumsy devices that block access to material that minors have a First Amendment right to see, including information about safe sex, AIDS, gay and lesbian issues and women's rights. ABFFE joined other members of the Internet Free Expression Alliance in sending a letter to the Senate Commerce Committee, but the committee approved the bill today. A vote in the Senate is expected soon. The bill would then be reconciled with the House version, which was passed as part of a juvenile justice bill.

Bill Restricting Sale of Books on "Bomb Making" Goes to Conference

ABFFE to Distribute Violence Reading List; Seeks Help from Booksellers

If there is one thing that the controversy over media violence has shown, it is that the problem of violence is not well understood by the general public. To help meet this need, ABFFE is preparing an annotated list of books that deal with the subject of violence, particularly as it relates to the young. Once the list is prepared, we will distribute it to ABA members who can use it as a buying guide or distribute it to their customers. If you know good books on the subject, we would welcome your suggestions. Please send your recommendations to Chris Finan, ABFFE president, by email (cfinan@bookweb.org), mail (139 Fulton St., Suite 302, New York, NY 10038), fax (212-587-2436) or telephone (212-587-4025).

Flag Amendment Passes House for Third Time But With Fewer Votes

For the third year in a row, the House of Representatives yesterday approved a constitutional amendment that gives Congress the authority to ban the desecration of the flag. However, some observers saw the 305 to 124 vote as a defeat for the sponsors. The amendment received fewer votes this year because five Representatives changed their minds. The amendment must still be passed in the Senate where it appears one or two votes short of passage. ABFFE opposes the flag amendment because it would amend the First Amendment for the first time. This would make it easier to amend in more dangerous ways in the future.

 Previously in ABFFE Update