MEDIA COALITION CHRONOLOGY

1973-1980

1980-1985  *  1985-1990

1990-1995  *  1995-2000

2000-2005 * 2005--

1973-1980

June 21, 1973. Supreme Court rules on Miller v. California. In its ruling, the Court establishes a three part definition of obscenity that has remained the standard for judging the legality sexually explicit material ever since.

Late June, 1973. In response to the Supreme Court’s Miller decision: The American Booksellers Association, The Association of American Publishers, The Motion Picture Association of America, The International Periodicals Distributors Association, The Council for Periodical Distributors Association, and The Periodical & Book Association of America organize Media Coalition.

June 24, 1974. Supreme Court rules in Jenkins v. Georgia that a local jury was wrong in declaring the movie “Carnal Knowledge” obscene. Media Coalition filed an amicus brief in this case.

1977. Michael Bamberger becomes general counsel for Media Coalition.

June, 1977. Donald Wildmon establishes the National Federation for Decency to “clean up” television.

Spring, 1978. Wildmon stages first boycott of television advertisers.

1979. The Tennessee Supreme Court rules in the Media Coalition case Leech v. American Booksellers Association that the state’s obscenity and minors access bill is unconstitutional. The overbroad bill was written by Larry Parrish, a lawyer in the US Attorney’s office in Tennessee until 1977 and an anti-pornography activist. Before the suit, it had become a model bill for other states.

June 11, 1979. Supreme Court rules in Lo-Ji Sales v. New York that a generalized search and seizure of a store without a particularized search warrant is unconstitutional. Media Coalition filed an amicus brief in this case.

1980-1985

1980. The Fifth Circuit Court of Appeals rules that harassment and arrests of retailers prior to a final adjudication on obscenity is an unconstitutional prior restraint in Penthouse v. McAuliffe. Media Coalition filed an amicus brief in this case.

March 18, 1980. Supreme Court rules in Vance v. Universal Amusement Co. that a Texas public nuisance statute permitting prior restraint of allegedly obscene motion pictures without prompt judicial review is unconstitutional. Media Coalition filed an amicus brief in this case.

1981. U.S District Judge in the Northern District of Georgia rules that Georgia’s minors access law is unconstitutional in American Booksellers Association v. McAuliffe, a Media Coalition case.

1982. The Second District Court of Appeals of California rules that an ordinance requiring shrink-wrapping is unconstitutional in American Booksellers Association, Inc. v. Superior Court of Los Angeles City, a Media Coalition case.

July 2, 1982. Supreme Court rules in New York v. Ferber. It establishes child pornography as a class of speech exempt from First Amendment protection. Media Coalition filed an amicus brief in this case.

October 18, 1983. Catharine MacKinnon and Andrea Dworkin propose an ordinance that would allow a woman to sue a producer or distributor of pornography because pornography is a form of sex discrimination at a Minneapolis zoning commission meeting. The ordinance is approved by the city council but is eventually vetoed.

May 21, 1984. President Reagan signs the Child Protection Act of 1984. It is intended to toughen the laws on pornography involving children. It also creates the Meese Commission to study the effects of pornography on society.

August, 1984. The Pennsylvania Superior Court upholds the state’s minors access statute in American Booksellers Association v. Rendell, a Media Coalition case.

November, 1984. Media Coalition wins “Open Book Award” from American Society of Journalists and Authors.

1985-1990

1985. The Eighth Circuit Court of Appeals rules in the Media Coalition case Upper Midwest Booksellers Association v. Minneapolis that a harmful to minors access statute is a permissible time, place, and manner restriction on speech.

February, 1985. Colorado Supreme Court rules in the Media Coalition case Tattered Cover, Inc v, Tooley that Colorado’s harmful to minors law is unconstitutional.

June 17, 1985. Supreme Court rules in Maryland v. Macon that a detective entering an adult store, purchasing magazines, and then arresting the clerk for selling obscene material did not constitute an unlawful search and seizure under the Fourth Amendment. Media Coalition filed an amicus brief in this case.

June 19, 1985. Supreme Court rules in Brockett v. Spokane Arcades that Washington’s use of the word “lust” in its definition of “prurient interest” is unconstitutional. Media Coalition submitted an amicus brief in this case.

October, 1985. Wildmon testifies before the Meese Commission. He names 23 corporations that are “distributing pornography.” The biggest corporation of the 23 is Southland which owns 7-Eleven.

Feb 11, 1986. Meese Commission sends a letter to all the corporations named by Wildmon threatening to list them as a distributors of pornography in the Commission’s final report.

February 24, 1986. Supreme Court strikes down as unconstitutional the MacKinnon/Dworkin ordinance (as described above) adopted in Indianapolis in the Media Coalition case American Booksellers Association v. Hudnut.

February 25, 1986. Supreme Court upholds a city ordinance that prohibits adult motion picture theaters from being located 1000 feet from certain facilities such as schools and churches in City of Renton v. Playtime. Media Coalition filed an amicus brief in this case.

April 1986. Southland discontinues carrying Penthouse, Playboy, and Forum in 4,500 stores in response to the Meese Commission letter. Many stores follow Southland’s lead and by August, 17,000 stores have removed these and similar titles from their stores. Several lawsuits, some including Media Coalition members, are filed to force the commission to withdraw the letter.

July 3, 1986. US District Judge for the District of Columbia orders Meese Commission to withdraw the letter and bars any list of retailers from being issued.

July 9, 1986. Final report is released by the Attorney General’s Commission on Pornography. It concludes that pornography causes violence.

July 9, 1986. Americans for Constitutional Freedom is formed. Established in response to the Meese commission, the purpose of ACF is to create a public relations campaign on the danger of censorship.

1987. Eleventh Circuit Court of Appeals rules that the threats made by the Montgomery, Alabama District Attorney intimidating wholesalers and retailers into withdrawing adult magazines was an unconstitutional prior restraint in CPDA v. Evans, a Media Coalition case.

1987. Per the Meese Commission recommendation, the National Obscenity Enforcement Unit is established within the Justice Department to prosecute obscenity. Attorney General Meese also orders that one attorney in every US Attorney’s office specialize in obscenity prosecutions.

May 5, 1987. The Supreme Court rules in Pope v. Illinois that literary, artistic, political or scientific value of an allegedly obscene work must be weighed by a standard broader than that of any particular community. The new standard is that of a “reasonable person.” Media Coalition filed an amicus brief in this case.

Fall, 1987. Wildmon closes the National Federation for Decency and opens the American Family Association.

January, 1989. CLeaR TV, Wildmon’s television group says it will boycott the advertisers of television’s “worst” shows at the end of May television sweeps. Following the threatened boycott, Kimberly-Clark, Tambrands, Ralston-Purina, and General Mills withdraw ads from shows. Domino’s Pizza withdraws from Saturday Night Live and Pepsi breaks relationship with Madonna over the “Like a Virgin” video.

February 9, 1989. U.S. District Judge in the Western District of Washington finds unconstitutional a Bellingham, Washington ordinance that authorized the filing of civil suits against producers and distributors of material depicting sexually explicit subordination of woman in the Media Coalition case Village Books v. Bellingham.

February 21, 1989. Supreme Court rules unanimously in Fort Wayne Books, Inc. v. Indiana that the government may not use RICO laws to make a wholesale pre-trial seizure of books or magazines. Media Coalition filed an amicus brief in support of Fort Wayne Books.

June-July, 1989. Americans for Constitutional Freedom releases report on Don Wildmon entitled The Reverend Donald E. Wildmon’s Crusade for Censorship.

August, 1989. The Fourth Circuit Court of Appeals upholds Virginia’s minors access law in the Media Coalition case Virginia v. American Booksellers Association, but only after in response to questions certified by the United States Supreme Court on January 25, 1988, the Virginia Supreme Court narrows Virginia’s minor access law so that it only applies to “borderline obscenity,”

October 31, 1989. Waldenbooks v. AFA is filed in Florida. Waldenbooks, Playboy and other Media Coalition members sue the Florida chapter of the American Family Association for sending a letter to Florida retailers threatening to sue and publicly ridicule retailers unless they stopped selling “offensive magazines.”

1990-1995

1990. Eleventh Circuit Court of Appeals narrows Georgia’s minors access law to apply only to “borderline obscenity” in the Media Coalition case American Booksellers Association v. Webb.

January 9, 1990. In FW/PBS v. City of Dallas, the Supreme Court strikes down a licensing provision for adult businesses in Dallas because it fails to provide the businesses with proper procedural protection. Media Coalition submitted an amicus brief in this case.

February, 1990. Media Coalition and Americans for Constitutional Freedom merge.

October 17, 1990. A 12 bill obscenity package is defeated in Michigan. The bills would have broadened the definition of obscenity beyond the Miller definition and significantly increased the penalty for selling illegal material with sexual content. Media Coalition was instrumental in the campaign against these bills, including helping form Great Lakes Booksellers Association.

November 6, 1990. The case Waldenbooks v AFA is dropped after the AFA agrees not to use extortionate methods to try and prevent the sale of magazines it finds offensive.

February 6, 1991. First Version of Pornography Victims Compensation Act introduced in Congress. Like the ordinance proposed by Dworkin and McKinnon in Minneapolis and enacted in Indianapolis, it would authorize the victim of a sex crime to sue producers and distributors of material that is both “sexually explicit” and “violent” if the material was the proximate cause of the crime.

September 17, 1991. Media Coalition releases Sense and Censorship: The Vanity of Bonfires, a pamphlet arguing there is no link between sexually explicit material and crime.

October 15, 1991. The Free Expression Network meets for the first time in New York. Media Coalition along with National Campaign for Free Expression organize the first meeting.

February-March, 1992. The Video Software Dealers Association joins Media Coalition. The Recording Industry Association of America becomes a full member.

April, 1992. National Association of Recording Merchandisers joins Media Coalition.

May, 1992. The Tenth Circuit Court of Appeals finds in US v. PHE, Inc. that that the Justice Department’s use of multi-jurisdiction prosecutions against Philip Harvey’s Adam and Eve, a mail order business for sexually explicit materials, was malicious. Media Coalition filed an amicus brief supporting Harvey.

September 5, 1992. TV Guide publishes expose of Don Wildmon relying extensively on papers provided by Media Coalition

October 8, 1992. The Pornography Victims’ Compensation Act fails to pass Congress, a major legislative victory for the Media Coalition.

1993. Magazine Publishers of America becomes a full member of Media Coalition.

March-April, 1993. Publishers Marketing Association joins Media Coalition.

June 28, 1993. Supreme Court upholds law that allowed the government to seize and destroy Ferris J. Alexander’s adult businesses under the Federal Influenced and Corrupt Organization Act when he was convicted of selling seven obscene magazines and videos in Alexander v. US. Media Coalition filed an amicus brief.

November, 1993. Media Coalition releases report on Catharine MacKinnon entitled, Catharine A. MacKinnon: The Rise of a Feminist Censor 1983-1993.

November, 1993. In the Media Coalition case Davis-Kidd v. McWherter, the Tennessee Supreme Court rules that the “excessive violence” provision of the definition of harmful to minors is unconstitutional and the minors access provision is constitutional but only for material that is borderline obscenity.

1994. The Fourth District Court of Appeals for the State of California rules in People v. Weiner that California’s privacy laws do not protect against prosecution for the distribution of obscene material. Media Coalition submitted an amicus brief in this case.

June 9, 1994. The Third Circuit court of Appeals rules in United States v. Knox that non-nude depictions of minors can be prosecuted as child pornography. Media Coalition filed an amicus brief in this case.

July-August, 1994. Violence Against Women Act becomes law after it is stripped of provisions that would have appropriated funds for training law enforcement personnel on the alleged connection between pornography and violence against women. Media Coalition had vigorously opposed this provision.

September, 1994. The Interactive Digital Software Association (later renamed The Entertainment Software Association) becomes a member.

September 20, 1994. The U.S. Court of Appeals for the District of Columbia rules that provisions of the Child Protection Restoration Act that require retailers to maintain records of the name, address, and age of any person in a depiction of sexual conduct they handle are content neutral and thus Constitutional in ALA v. Reno, previously ALA v. Thornburgh. Media Coalition members participated in this case.

November, 1994. With the help of Media Coalition, Colorado and Oregon obscenity referendums are defeated. Both laws would have diminished free speech protection.

November 29, 1994 The Supreme Court rules in United States v. X-Citement Video Inc. that the correct reading of The Protection of Children Against Sexual Exploitation Act of 1977 is that the producer or distributor of child pornography must know that performer was indeed a minor in order to be prosecuted. Media Coalition submitted an amicus brief in this case.

1995-2000

May 2, 1996. U.S. District Court Judge for the Southern District of Ohio rules that a local prosecutor should not have told a Barnes and Noble to move material that he considered harmful to minors under the Ohio display statute in the Media Coalition case Playboy v. Deters.

June 28, 1996. Supreme Court rules in Denver Area Educational Telecommunications consortium v. FCC that a statute requiring that for “leased access channels” all material that is “patently offensive” be put on one channel and blocked unless a person sends a written request to unblock it is unconstitutional. Media Coalition submitted an amicus brief in this case.

November, 1996. Second Oregon obscenity Referendum in three years is defeated again with the help of Media Coalition.

January, 1997. Columbia pictures releases the movie The People vs. Larry Flynt. Media Coalition holds two screenings to promote the film and highlight free speech issues.

June, 1997. Oklahoma City police confiscate copies of the Academy Award winning German film Tin Drum from several movie retailers claiming it is child pornography.

June 20, 1997. A U.S. District Court Judge in Southern District of New York rules that New York’s harmful to minors on the Internet statute is unconstitutional in the Media Coalition and ACLU case ALA v. Pataki.

June 26, 1997. Supreme Court strikes down Communication Decency Act, a law that made it a crime punishable by up to two years in prison and $250,000 in fines to publish indecent material on the Internet in a manner available to those under 18 years of age in ACLU v. Reno. Media Coalition filed an amicus brief in this case.

July, 1997. Los Angeles Superior Court Judge orders Playgirl to discontinue distribution of an edition that featured nude photographs of actor Brad Pitt. Media Coalition submitted an amicus brief in this case.

August 1997. Randall Terry launches campaign against the Sturges’ book of photography The Last Day of Summer that has pictures of minors both clothed and nude. Protests include going into stores and vandalizing copies of the book. Campaign later expands to attack Sally Mann books as well.

October 24, 1997. Media Coalition drafts a statement on behalf of the American Booksellers Foundation for Free Expression, Borders and Barnes and Noble condemning the actions of the anti-Sturges campaign and defending the sale of the book.

November, 1997. The Second Circuit Court of Appeals rules that the Military Honor and Decency Act, a law that banned the sale or rental, at a military facility, of any material that “depicts or describes nudity…in a lascivious way” is constitutional in the Media Coalition case General Media Communications v. Cohen.

October 22, 1998. President Clinton signs into law the Child Online Protection Act, another harmful to minors material on the Internet statute. While this act is narrower than the Communication Decency Act, another challenge is filed. Members of Media Coalition participate as plaintiff and as signatories to an amicus brief.

December 18, 1998. The District Court for the Western District of Oklahoma rules that the Tin Drum is not child pornography and that its seizure was an unlawful prior restraint in VSDA v. Oklahoma City. Media Coalition filed an amicus brief.

January 27, 1999. First Circuit Court of Appeals upholds the “appears to be” definition of child pornography of the Child Pornography Prevention Act that includes digital images that appear to be a minor and adults portraying a minor. Media Coalition submitted an amicus brief in this case.

April 22, 1999. Two students open fire on their classmates at Columbine High School in Littleton, Colorado. The shootings lead to intense political pressure to ban speech with violent content.

June 23, 1999. A bill that would have banned the sale of violent and/or sexually explicit material that is harmful to minors to minors is defeated in the United States House of Representatives. Media Coalition wrote a letter in opposition to the bill.

November 2, 1999. Tenth Circuit Court of Appeals rules in the Media Coalition case ACLU v. Johnson that New Mexico cannot prohibit dissemination of material that is harmful to minors over the Internet.

2000-2005

2000. Media Coalition releases a report entitled Shooting the Messenger by Judith Levine which debunks the myth that there is any relationship between depictions of violence in the media and real-life violence

May 22, 2000. Supreme Court rules that the section of the Communications Decency Act that requires cable operators with channels with mostly sexually explicit programming block audio or visual signals at a time when children may be watching is unconstitutional in United States v. Playboy Entertainment Group. Media Coalition filed an amicus brief in support of Playboy.

December 2000.  A French court held U.S.-based Yahoo!, Inc. liable under a broad French anti-hate law for content carried on its auction site in the United States, solely because the site is accessible to French citizens. The ruling, which held Yahoo! liable for postings of Nazi and other World War II memorabilia, holds Yahoo! responsible for damages of nearly $100,000 a day unless it installs filtering software to block all content from French citizens that might violate that nation's anti-hate regulations.

January 17, 2001. Supreme Court dismisses City News v. City of Waukesha. The question in the case was whether municipalities must provide prompt judicial determination or simply the right to file promptly for judicial review in adult businesses licensing cases. Media Coalition filed an amicus brief in this case.

March 23, 2001. Seventh Circuit Court of Appeals rules unconstitutional an Indianapolis ordinance adding graphic violence to definition of harmful to minors in AAMA v. Kendrick. Media Coalition filed an amicus brief in this case.

June 1, 2001. U.S. District Judge for the Eastern District of Michigan rules that Michigan’s harmful to minors law as applied to the Internet is unconstitutional in Cyberspace Communications v. Engler. The state had previously gone to the Sixth Circuit Court of Appeals to argue that the District Judge was wrong in granting a preliminary injunction before deciding the case. The 6th Court ruled that the District Judge did abuse his discretion in granting the preliminary injunction, and sent it back to the District Court for a decision on the constitutionality of the statute. Media Coalition submitted an amicus brief in the Sixth Circuit.

April, 2002. The Colorado Supreme Court rules in Tattered Cover v. City of Thorton that a search warrant seeking information about a book purchased by a Tattered Cover costumer violated the First Amendment and the Colorado constitution. Media Coalition members joined an amicus brief in support of Tattered Cover.

April 16, 2002. Supreme Court declares the Child Pornography Prevention Act, a law which defines child pornography as adults portraying minors and virtual depictions that appear to be minors unconstitutional in Free Speech Coalition v. Ashcroft. Media Coalition filed an amicus brief in support of the Free Speech Coalition.

May 13, 2002. Supreme Court rules in City of Los Angeles v. Alameda Books that Los Angeles could use its 1977 study as the basis for an ordinance that did not allow two adult facilities in the same building. Media Coalition submitted an amicus brief which argued that in recent years the scope of adult zoning has been broadened to the point where mainstream businesses are often regulated as well.

August 2, 2002. U.S. District Judge in the Southern District of Ohio rules that Ohio’s harmful to juveniles law is unconstitutionally overbroad in the Media Coalition case ABFFE v. Petro.

April, 2003. The Interactive Entertainment Merchants Association joins Media Coalition.

Summer, 2003. Comic Book Legal Defense Fund joins the Media Coalition.

June 3, 2003. Eighth Circuit Court of Appeals rules that a St. Louis County ordinance banning access to minors of certain video games is unconstitutional in IDSA v. St. Louis County, Mo. Media Coalition submitted an amicus brief in this case.

August 27, 2003. Second Circuit Court rules in the Media Coalition case ABFFE v. Dean that Vermont’s harmful to minors clause as applied to the Internet violates the First Amendment and the Commerce Clause.

March 25, 2004. Fourth Circuit Court of Appeals rules that Virginia’s harmful to minors statute as applied to the Internet is unconstitutional in the Media Coalition case PSINet, Inc v. Chapman.

April 23, 2004. U.S. District Judge for the Tucson Division of Arizona rules in the Media Coalition case ACLU v. Goddard that Arizona’s harmful to minors statute as applied to the Internet is unconstitutional again.

June 7, 2004. The Supreme Court rules upholds a Littleton, Colorado ordinance that does not provide for prompt judicial determination for adult licensing decisions. Media Coalition submitted an amicus brief arguing that prompt judicial is meaningless without prompt judicial determination.

July 22, 2004. U.S. District Court Judge Marquez issues a final order with findings of fact and conclusions of law in favor of plaintiffs in ACLU v. Goddard, in a challenge to Arizona’s harmful to minors material on the Internet statute.

August 23, 2004. Media Coalition members send a letter with comments on the Department of Justice’s proposed changes to the record keeping requirements under 18 U.S.C. 2257, the section requiring all those who produce or distribute visual depictions of sexually explicit conduct to maintain records about the ages and identities of the performers. 

September, 2004. California Governor Schwarzenegger signs A.B. 1793 into law. The law requires video game retailers to post a sign in their stores notifying customers about a rating system for video games. Retailers violating the law would be subject to civil lawsuits.

September 28. 2004 Senator Sam Brownback (R-KS) holds a hearing on the rating systems for movies, music and video games and the idea of a universal rating system.

December, 2004. U.S. District Judge Tomas Eisele rules in the Media Coalition case Shipley v. Long. The ruling strikes down the provisions of the Arkansas Code criminalizing the display of books which are inappropriate to younger minors but constitutionally protected as to older minors and adults.

December, 2004. Senator Sam Brownback (R-KS) holds a hearing on “the science of pornography addiction.” Among those testifying is Judith Reisman.

2005--

February, 2005. Media Coalition members file an amicus brief with the California Supreme Court highlighting the potential impact of the “creative necessity” test announced by the California Court of Appeals on publishers, booksellers, and librarians. The case, Lyle v. Warner Brothers, is a suit brought by a former writers’ assistant for the show Friends who claims that sexual banter used in the writing room amounts to sexual harassment.

February, 2005. U.S. District Judge Lancaster rules that the federal law banning obscenity is an unconstitutional violation of sexual privacy in United States v. Extreme Associates.

February, 2005. The Comic Book Legal Defense Funds undertakes the defense of Gordon Lee, a comic book retailer in Rome, Georgia. Lee has been charged with distributing material harmful to a minor and unlawfully distributing nudity for inadvertently distributing a comic to a trick-or-treater that includes an illustration of Braque and Picasso meeting in which Picasso is depicted naked, as is historically accurate.

February 3, 2005. Alberto Gonzales is appointed U.S. Attorney General.

March 2, 2005. The Utah state legislature passes House Bill 260, which would allow the Attorney General’s office to create an “Adult Content Registry” to list all websites determined to be containing harmful to minors material. 

May 9, 2005. U.S. District Court Judge Duffy in Charleston, South Carolina issues an opinion granting summary judgment in SEBA v. McMasters and permanently enjoining a statute banning the dissemination of harmful to minors visual material on the Internet.

May, 2005. The Department of Justice forms a task force on obscenity law enforcement.

June 9, 2005. Media Coalition members file a complaint in U.S. District Court in Salt Lake City seeking a preliminary injunction to bar enforcement of a Utah law that applies Utah’s “harmful to minors” law to the Internet (House Bill 260).  The case is The King's English v. Shurtleff.

June 23, 2005. The Department of Justice implements changes to the record keeping requirements under 18 U.S.C.A. 2257, the section requiring all those who produce or distribute visual depictions of sexually explicit conduct to maintain records about the ages and identities of the performers.  Some of the changes suggested in the letter the Media Coalition submitted in August 2004 are accepted, some are not. 

July 1, 2005. U.S. Supreme Court Justice Sandra Day O’Connor resigns.

July 25, 2005. The Entertainment Software Association files a challenge in U.S. District Court seeking to enjoin enforcement of an Illinois law that limits the sale and rental of computer and video games. The case is ESA v. Blagojevich.

September 3, 2005. U.S. Supreme Court Chief Justice William Rehnquist dies.

September 21, 2005. The Entertainment Software Association files a challenge seeking preliminary injunction of a Michigan law that limits the sale and rental of video and computer games with violent content. The case is ESA v. Granholm.

September 29, 2005. John Roberts is confirmed the new U.S. Supreme Court Chief Justice.

October 6, 2005. Devon Moore is convicted and sentenced to death for the murders of three law enforcement officers in Fayette, Alabama. Moore’s defense team linked the killings to repeated playing of the video game “Grand Theft Auto.” In the appeal, Moore’s attorney said he would challenge the judge’s decision to exclude evidence about the games.

October 17, 2005. The Video Software Dealers Association and Entertainment Software Association file a complaint in U.S. District Court in San Diego challenging a California video game ban. The case is VSDA v. Schwarzenegger.

October 18, 2005. The Congressional Record includes the testimony of Representative Wolf (R-VA) on video games with violent content. The representative’s citations come from studies about the effects of media violence that were published prior to 1995.

October, 2005. In Polk County, Florida, webmaster Chris Wilson is indicted on obscenity charges for posting sexually explicit photographs on the Internet.

November 11, 2005. Senator Brownback (R-KS) holds a hearing in the Senate Judiciary Committee on “Why the Government Should Care about Pornography.” Witnesses include Richard R. Whidden, Leslie Harris, Jill Manning, Pamela Paul, Rodney Smolla.

November 17, 2005. The Free Speech Coalition files a complaint challenging Utah’s “Child Protection Registry,” a law that would prohibit sending advertisements or information about anything illegal for minors to any email address registered with the state. The law would require companies to check their email lists against the state’s registry at a fee.

December 1, 2005. In Richmond, Virginia, a man is found guilty on 74 counts under the PROTECT Act, including sending obscene cartoons and cartoons with obscene verbiage. This is the first conviction under PROTECT.

December 2, 2005. In ESA v. Blagojevich, U.S. District Judge Matthew Kennelly grants a permanent injunction against enforcement of an Illinois law that bans the sale to minors of video games with violent content, requires that games be labeled, and imposes other signage requirements.

December 8, 2005. In USA v. Extreme Associates, the Third Circuit Court of Appeals reverses the decision of U.S. District Court Judge Gary L. Lancaster of the Western District of Pennsylvania that had found the federal obscenity law unconstitutional.

December, 2005. Michael Bamberger distributes a report on the history of the §2257 and its regulations.

January, 2005.  In VSDA v. Schwarzenegger, U.S. District Court Judge R. M. Whyte grants a preliminary injunction barring enforcement of the California law banning dissemination of video games with violent content.

January 19, 2006. Senator Stevens holds a hearing on indecency on cable.

January 31, 2006. Justice Samuel Alito fills Sandra Day O’Connor’s seat in the U.S. Supreme Court.

February 16, 2006. News reports indicate that there has been an effort to enforce Utah’s “Child Protection Registry,” which forbids sending advertisements or information about anything illegal for minors to any email address registered with the state

February, 2006. In ESA v. Blagojevich, the Attorney General of Illinois appeals the part of U.S. District Court Judge Matthew Kennelly’s order that enjoined enforcement of a law banning the sale of games with certain sexual content. The part of the order enjoining signage and labeling requirements is also appealed. The A.G. does not appeal the ruling that determines a ban on the sale of material with violent content is unconstitutional.

March 24, 2006. Media Coalition members submit an amicus brief to the Seventh Circuit Court of Appeals in ESA v. Blagojevich. The brief highlights three points: first, that the state wrongly contends that the third prong of the Miller/Ginsberg test is discretionary; second, that requirements to post signs and provide brochures have is a form of compelled speech; third, that it is unconstitutional to delegate power to a private ratings system.

March 31, 3006. U.S. District Court Judge Steeh in Detroit issues an order granting a permanent injunction barring enforcement of the Michigan law that would have imposed civic and criminal penalties for selling or renting minors video games with violent content. The case is ESA v. Granholm.

March, 2006. The Eleventh Circuit Court of Appeals decides 3-0 to hold parts of the PROTECT Act unconstitutional. While found guilty on other counts, the defendant, a child pornographer named Michael Williams, could not be convicted of “pandering in a way suggesting possession of child pornography” as the court ruled that the law was both overbroad and vague, covering material that is not just child pornography. The case is USA v. Williams.

April, 2006. All existing charges are dropped in Georgia v. Gordon Lee, a case in which a comic bookstore proprietor was charged on multiple counts after a minor obtained a comic book containing nudity at the store’s Halloween handout. After the charges were dropped, two new misdemeanor harmful to minors charges were brought.

May, 2006. The California Supreme Court dismisses plaintiff Amaani Lyle’s sexual harassment claim in Lyle v. Warner Brothers. The court finds that the sexual banter used in the Friends writing room did not constitute sexual harassment. In a concurring opinion, a judge quotes the amicus brief Media Coalition members submitted, saying any speech that is part of the creative process is protected by the First Amendment irrespective of whether it was necessary for its intended purpose.

May 31, 2006.Minnesota Governor Pawlenty signs a bill that would restrict the sale or rental of games rated "M" or "AO" to anyone under 17 and would have imposed a $25 fine on any minor purchasing or renting a restricted game. It would also required retailers to post signs explaining the restriction. Media Coalition members Entertainment Software Association and Entertainment Merchants Association bring a challenge. The case is ESA v. Hatch.

June 15, 2006. President Bush signs legislation to increase FCC indecency fines up to $325,000 per incident. This is a ten-fold increase.

July 31, 2006. U.S. District Court Judge Rosenbaum, in Minneapolis, permanently enjoins the video game ban being challenged in ESA v. Hatch. In his decision, the judge writes, "There is a paucity of evidence linking the availability of video games with any harm to Minnesota's children at all." The court also finds it unconstitutional to delegate power to the ESRB's private rating system and finds that the signage requirement is compelled speech.

August, 2006.  Minnesota A.G. Mike Hatch appeals U.S. District Court Judge James Rosenbaum’s decision granting a permanent injunction.  The case goes to the Eighth Circuit Court of Appeals.

October, 2006.  The Eleventh Circuit Court of Appeals upholds a conviction of Robert Eckhardt on charges of making obscene harassing phone calls for answering machine messages he left for Sue Anne Creech, a Florida Teamsters Union worker.

October 23, 2006. In ACLU v. Gonzales, a trial begins in front of U.S. District Court Judge Reed in Philadelphia.  The case was remanded from the Supreme Court for a trial to consider filters are more effective, and less restrictive, than COPA, a 1998 that would have required all websites to obtain proof of age before providing information that might be considered harmful to minors. 

November 27, 2006.  The Seventh Circuit Court of Appeals upholds the District Court decision that found an Illinois law banning the sale of video games with certain sexual content unconstitutional.  The case is ESA v. Blagojevich.  The court also rules that the law’s signage and labeling requirements are unduly burdensome and are compelled speech that force retailers to convey a message they may not agree with.   

November 29, 2006.  Media Coalition members submit an amicus brief to the Eighth Circuit Court of Appeals in support of plaintiffs in ESA v. Hatch.  The brief argues that violent content is fully protected by the First Amendment and that it is unconstitutional to delegate to a private body the authority to make a legally binding raying system for First Amendment-protected speech.  The law being challenged would fine anyone under 17 $25 for buying or renting any game rated AO or M by the ESRB.

December, 2006.   The National Association of Theatre Owners joins Media Coalition.

March 22, 2007.  U.S. District Court Judge Lowell Reed again rules the Child Online Protection Act (COPA) unconstitutional.  Judge Reed finds the law is impermissibly vague and overboard and the government failed to show that the law is the least restrictive and most effective way to prevent minors from accessing sexually explicit content.  The decision also includes findings that show credit card age verification is ineffective and requiring people to register identities in order to access content creates a chilling effect.

March 26, 2007.  The Supreme Court grants certiorari to USA v. Williams for the 2007 fall term.   In this case, the Eleventh Circuit Court of Appeals held that while the government may wholly prohibit commercial speech for an illegal transaction, the pandering provision of the PROTECT Act is too broad as it extends to non-commercial, non-inciting, and therefore protected speech. 

April 12, 2007.  The Federal Trade Commission releases its sixth report since 2000 about the marketing of media with violent content to youth.  The report shows progress from industry and retailers but identifies areas where significant progress has not been made.

April 26, 2007. The Federal Communications Commission releases a report suggesting Congress could give the FCC the authority to regulate violent content on television similarly to how it regulates indecency. 

May, 2007.  Christopher M. Finan’s history of free speech in America, From the Palmer Raids to the Patriot Act, is released.

June 4, 2007.  A three-judge panel of the Second Circuit Court of Appeals ruled 2-1 that the FCC decision to deem “fleeting expletives” as indecent and subject to fines is arbitrary and capricious and a violation of the Administrative Procedures Act.  The feeling expletives fined by the FCC and challenges in this case took place during a live broadcast of the 2002 and 2003 FOX Billboard Awards, where singer Cher said in response to those who questioned her staying power, “fuck ‘em,” and celebrity Nicole Ritchie said, “Have you ever tried to get chow shit out of a Prada purse?  It’s not so fucking simple.”

June 6, 2007.  The government files a notice of appeal to the Third Circuit Court of Appeals in ACLU v. Gonzales, the challenge to the Child Online Protection Act (COPA).

This page was last updated June 25, 2007.