banning comics and the first amendment

Michael Rhode mrhode at hotmail.com
Fri Mar 3 15:02:26 CET 2000


Sonia asked, and I don't think has been answered directly:
     Are all comics with Indians banned in the US? Does this mean you
     don't see comic albums with Yakari, which are so great (But not
     Disney-comics)

Sonia, in the US Constitution, the first amendment guarantees the right of 
freedom of speech which has always been construed to mean publishing.  The 
ban on certain parts of Disney comics is internal to Disney.  One can 
publish most anything in the US except "obscene" material which the Supreme 
Court said, in a bad decision, could be defined by the local community.  As 
a result, Michael Diana is the only comics artist whose work has been banned 
by the government.. in this case Florida's legal system.  As in all things, 
this right is honored to a greater or lesser degree depending on 
circumstances.  The Supreme Court has ruled as well that there is usually no 
grounds for "prior restraint" or telling someone that they can't publish 
something.

See the Comic Book Legal Defense Fund site for more information at 
http://www.cbldf.org/ .

Mike Rhode
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