Media Coalition Timeline
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 of sexually explicit material; this is generally referred to as the "Miller/Ginsberg test."
Late June, 1973: In respone to the Supreme Court's Miller decision, The American Booksellers Association, The Assocation 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: The 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 the case.
1977: Michael Bamberger becomes general counsel for Media Coalition. Bamberger maintains the role to this day.
June, 1977: Donald Wildmon establishes the National Federation of Decency to "clean up" television.
Spring, 1978: Wildmon stages the 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 Parish, a lawyer in the U.S. Attorney's office in Tennessee until 1977 and an anti-pornography activist. Before the suit, Tennessee's bill acted as a model for legislation in other states.
June 11, 1979: The 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: The Fifth Circuit Court of Appeals rules that harassment and arrests of retailers prior to a final adjudication on obscenity is unconstitutional as prior restraint in Penthouse v. McAuliffe. Media Coalition filed an amicus brief in the case.
March 18, 1980: The 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.
1981: A 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 the Media Coalition case American Booksellers Association, Inc. v. Superior Court of Los Angeles City.
July 2, 1982: The Supreme Court rules in New York v. Ferber. In its ruling, the Court 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: At a Minneapolis zoning commission meeting, Catharine MacKinnon and Andrea Dworkin propose an ordinance that would allow a woman to sue a producer or distributor of pornography because, they claim, pornography is a form of sex discrimination. The city approves the ordinance, but it is ultimately vetoed.
May 21, 1984: President Ronald 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 the American Society of Journalists and Authors.
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: The 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: The 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 the case.
June 19, 1985: The 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: Rev. Donald Wildmon testifies before the Meese Commission. He names 23 corporations that are "distributing pornography." The biggest corporation is Southland, which owns 7-Eleven.
February 11, 1986: The Meese Commission sends a letter to all the corporations named by Wildmon threatening to list them as distributors of pornography in the Commission's final report.
February 24, 1986: The 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: The 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 the case.
April 1986: Southland discontinues carrying Playboy, Penthouse, and Forum in 4500 stores in response to the Meese Commission letter. Many stores follow Southland's lead. 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: U.S. District Judge for the District of Columbia orders the Meese Commission to withdraw the letter and bars any list of retailers being used.
July 9, 1986: The Attorney General's Commission on Pornography releases its final report, which 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: The Eleventh Circuit Court of Appeals rules that threats made by the Montgomery, Alabama District Attorney intimidating wholesalers and retailers into withdrawing adult magazines was an unconstitutional prior restraint on speech in CPDA v. Evans, a Media Coalition case.
1987: Per the Meese Commission's 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 U.S. 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 its relationship with Madonna over her "Like a Virgin" video.
February 9, 1989: A 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 women in the Media Coalition case Village Books v. Bellingham.
February 21, 1989: The 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 a 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 Supreme Court on January 25, 1988) the Virginia Supreme Court narrows Virginia's minors' 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: The 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 filed an amicus brief in the 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 the Great Lakes Booksellers Association.
November 6, 1990: The case Waldenbooks v. AFA is dropped after the AFA agrees not to use extortionate methods to prevent the sale of magazines it finds offensive.
February 6, 1991: The first version of the Pornography Victims Compensation Act is introduced in Congress. Like the ordinance proposed by Dworkin and MacKinnon 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 that there is no link between sexually explicit material and crime.
October 15, 1991: The Free Expression Network (FEN) meets for the first time in New York. Media Coalition, along with the National Campaign for Free Expression, organizes the first meeting.
February-March, 1992: The Video Software Dealers Association (now the Entertainment Merchants Association) joins Media Coalition. The Recording Industry Association of America (RIAA) becomes a full member.
April, 1992: The National Association of Recording Merchandisers joins Media Coalition.
May, 1992: The Tenth Circuit Court of Appeals finds in US v. PHE, Inc. 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 an expose of Don Wildmon relying extensively on papers provided by Media Coalition.
October 8, 1992: The Pornography Victim's Compensation Act fails to pass Congress in a major legislative victory for 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: The Supreme Court upholds a 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 a 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 that 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 the case.
July-August 1994: The 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 vigorously opposed this provision.
September, 1994: The Interactive Digital Software Association (later renamed The Entertainment Software Association) becomes a member.
November, 1994: With the help of Media Coalition, Colorado and Oregon obscenity referendums are defeated. Both laws would have diminished free speech protections.
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 the performer was indeed a minor in order to be prosecuted. Media Coalition submitted an amicus brief in this case.
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 & 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: In Denver Area Educational Telecommunications Consortium v. FCC, the Supreme Court rules unconstitutional a statute that would require "leased access channels" to put all material that is "patently offensive" on one channel and block the channel unless a person sends a written request to unblock it.
November, 1996: Media Coalition helps defeat the second Oregon Obscenity Referendum introduced in a three-year period.
January, 1997: Columbia Pictures releases the film The People vs. Larry Flynt. Media Coalition holds two screenings to promote the movie and highlight free speech issues.
June, 1997: Oklahoma City police confiscate copies of the Academy Award-winning German film The Tin Drum from several movie retailers, claiming it constitutes child pornography.
June 20, 1997: A U.S. District Judge in the Southern District of New York rules that New York' s harmful to minors Internet statute is unconstitutional in the Media Coalition case ALA v. Pataki.
June 26, 1997: The Supreme Court strikes down the Communications 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: A 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 the case.
August, 1997: Randall Terry launches a campaign against the Sturges' book of photography, The Last Days of Summer, which contains pictures of minors both clothed and nude. Protesters enter stores and vandalize copies of the book. The campaign later expands to attack Sally Mann books as well.
October 24, 1997: Media Coalition drafts a statement on behalf of American Booksellers Foundation for Free Expression, Borders, and Barnes & 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 Communications Decency Act, another challenge is filed. Members of Media Coalition participate as plaintiffs 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 pornographyand that its seizure was an unlawful prior restraint in VSDA v. Oklahoma City. Media Coalition filed an amicus brief.
January 27, 1999: The 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 of a minor or in which adults portray minors. 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 deemed harmful to minors is defeated in the U.S. House of Representatives. Media Coalition wrote a letter in opposition to the bill.
November 2, 1999: The Tenth Circuit Court of Appeals rules in the Media Coalition case ACLU v. Johnson that New Mexico cannot prohibit the dissemination of material that is harmful to minors over the Internet.
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: The Supreme Court rules that the section of the Communications Decency Act that required cable operators with channels airing 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 the nation's anti-hate regulations.
January 17, 2001: The Supreme Court dismisses City News v. City of Waukesha. The question at issue regarded whether municipalities must provide prompt judicial determination or simply the right to file promptly for judicial review in adult business licensing cases. Media Coalition filed an amicus brief.
March 23, 2001: The Seventh Circuit Court of Appeals rules unconstitutional an Indianapolis ordinance adding graphic violence to the definition of "harmful to minors" in AAMA v. Kendrick. Media Coalition filed an amicus brief in this case.
June 1, 2001: A 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 Sixth Circuit ruled that the District Judge did abuse his discretion in granting the injunction and sent the case 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 customer violated the First Amendment and the Colorado constitution. Media Coalition members joined an amicus brief in support of Tattered Cover.
April 16, 2002: The Supreme Court declares the Child Pornography Prevention Act, a law that 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 6, 2002: Media Coalition members file a complaint in U.S. District Court in Dayton, Ohio in a challenge to an Ohio statutory amendment that defines "harmful to juveniles" as including material that contains depictions or descriptions of violence, cruelty, foul language, and glorification of crime. The statute also applies these and existing harmful to minors provisions to the Internet. The case is ABFFE v. Dann.
May 13, 2002: The Supreme Court rules in City of Los Angeles v. Alameda Books that Los Angeles could use its 1977 study as a basis for an ordinance that did not allow two adult facilities in the same building. Media Coalition submitted an amicus brief that argued that in recent years the scope of adult zoning had been broadened to the point where mainstream businesses were often regulated as well.
August 2, 2002: A 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 (previously ABFFE v. Dann). The state later appealed to the Sixth Circuit.
December, 2002: The Ohio legislature adopts an amendment that eliminates most of the overbroad problems with the state's definition of "harmful to juveniles," which Media Coalition challenged in ABFFE v. Petro. However, the legislature did not reject the statute's unconstitutional application to the Internet. The attorney general's office makes a motion with the Sixth Circuit Court of Appeals to remand the case to the District Court in light of the amendment.
April, 2003: The Interactive Entertainment Merchants Association joins Media Coalition.
Summer, 2003: The Comic Book Legal Defense Fund joins Media Coalition.
June 3, 2003: The Eighth Circuit Court of Appeals rules that a St. Louis County ordinance banning minors' access of certain video games is unconstitutional in IDSA v. St. Louis County, MO. Media Coalition filed an amicus brief in this case.
June, 2003: The Sixth Circuit remands ABFFE v. Petro and orders that the preliminary injunction remain in effect.
August 27, 2003: The Second Circuit Court of Appeals 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.
2004: Virginia resident Robert Stevens is convicted and sentenced to 37 months in prison under a 1999 federal law that made it illegal to "knowingly create, sell, or possess a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain." Stevens, a pit-bull enthusiast, was charged under the law for selling three video tapes that contained snippets of dogfights and footage of dogs being trained to hunt; the footage was either archival or filmed in a location in which the activities depicted were legal.
March 25, 2004: The 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: A 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 upholds a Littleton, Colorado ordinance that does not provide for prompt judicial determination for adult business licensing decisions. Media Coalition submitted an amicus brief arguing that prompt judicial review 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 in ACLU v. Goddard, a challenge to Arizona's harmful to minors 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, which requires all those who produce or distribute visual depictions of sexually explicit conduct to maintain records about the ages and identities of the performers.
2004: Media Coalition submits comment in the FCC's Notice of Inquiry regarding televisual violent content.
September, 2004: California Governor Arnold 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 system for movies, music and video games and the idea of a universal rating system.
December, 2004: U.S. District Judge Thomas Eisele rules in the Media Coalition case Shipley v. Long, striking down the provisions of the Arkansas Code criminalizing the display of books that are inappropriate for younger minors but constitutionally protected for older minors and adults.
December, 2004: Senator Sam Brownback holds a hearing on "the science of pornography addiction." Among those testifying is Judith Reisman.
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 television 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 Fund undertakes the defense of Gordon Lee, a comic book retailer in Rome, Georgia. Lee has been charged with distributing material harmful to minors and unlawfully distributing nudity for inadvertently distributing a comic to a trick-or-treater that includes an illustration of a meeting between Braque and Picasso in which Picasso is depicted as naked, which is historically accurate.
February 3, 2005: Alberto Gonzales is appointed U.S. Attorney General.
March 2, 2005: The Utah state legislature passes H.B. 260, which would allow the Attorney General's office to create an "Adult Content Registry" to list all websites determined to contain 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 (H.B. 260) in 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 performers. Some of the changes suggested in the letter Media Coalition submitted in August of 2004 are accepted, while others 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 video and computer games with violent content. The case is ESA v. Blagojevich.
September 3, 2005: U.S. Supreme Court Justice William Rehnquist dies.
September 21, 2005: The ESA files a challenge seeking preliminary injunction of a Michigan law that limits the sale and rental of video and computer games with violent content in 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 Fayetteville, 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 derive from studies about the effects of media violence 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 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, and 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 21, 2005: U.S. District Court Judge Whyte grants a preliminary injunction barring enforcement of the California law at issue in VSDA v. Schwarzenegger, which would ban the sale or rental of certain video games to anyone under the age 0f 18 and require game manufacturers and distributors to label games with stickers displaying the numeral "18" on their front covers.
December, 2005: Michael Bamberger distributes a report on the history of §2257 regulations.
January, 2006: In VSDA v. Schwarzenegger, U.S. District 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 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 AG 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 is a form of compelled speech; and third, that it is unconstitutional to delegate power to a private ratings system.
March 31, 2006: 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 part 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 video 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 have 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 George W. Bush signs legislation to increase FCC indecency fines up to $325,000 per incident, a ten-fold increase.
June 23, 2006: Media Coalition members Entertainment Merchants Association and Entertainment Software Association file a complaint in a challenge to an Oklahoma law that would ban the sale of video games with "inappropriate violence" to minors by adding a definition of "inappropriate violence" to the state's harmful to minors law. The case is EMA v. Henry.
July, 2006: Media Coalition distributes to members a comprehensive briefing book that includes a full history of §2257, including changes enacted with the passage of the Adam Walsh Child Protection and Safety Act, a federal law that extended §2257 record keeping requirements to cover simulated sexual conduct and "lascivious exhibition of the genitals or pubic area of any person;" the Walsh Act also created a "safe harbor" provision for television and movie producers who create such content.
July 31, 2006: U.S. District 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 signage is compelled speech.
August, 2006: Minnesota A.G. Mike Hatch appeals U.S. District Judge James Rosenbaum's decision granting a permanent injunction. ESA v. Hatch goes to the Eighth Circuit Court of Appeals.
August 25, 2006: U.S. District Court Judge Benson issues a preliminary injunction blocking the law at issue in Florence v. Shurtleff (formerly The King's English v. Shurtleff), which seeks to restrict minors' access to material on the Internet by allowing the attorney general's office to create a "black list" of websites containing content it deems harmful to minors. Due to the nature of the blocking, Internet service providers would sometimes have to restrict access to sites not included on the list.
October, 2006: The Eleventh Circuit Court of Appeals upholds the 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 11, 2006: U.S. District Court Judge Cauthron grants a motion for preliminary injunction, barring enforcement of the Oklahoma violent video game law at issue in EMA v. Henry.
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 as more effective and less restrictive than COPA, a 1998 law that would have required all websites to obtain proof of age before providing information that might be considered harmful to minors.
October 25, 2006: Robert Stevens, convicted and sentenced under a federal law that banned the creation and distribution of depictions of animal cruelty in 2004, appeals his sentence to the Third Circuit Court of Appeals. The case is U.S. v. Stevens.
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 in 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 with which they might not agree.
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 protected by the First Amendment and that it is unconstitutional to delegate to a private body the authority to make a legally binding rating system for First Amendment-protected speech. The law being challenged would impose on anyone under 17 a fine of $25 for buying or renting any game rated "M" or "AO" by the ESRB.
December, 2006: The National Association of Theatre Owners joins Media Coalition.
February 12, 2007: A three-judge panel of the Eighth Circuit Court of Appeals heard oral argument in ESA v. Hatch.
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 overbroad and that the government failed to show that the law is the least restrictive and most effective means of preventing minors from accessing sexually explicit content. The decision also includes findings that show credit card age verification is ineffective and that requiring people to register identities in order to access content creates a chilling effect.
March 26, 2007: The Supreme Court grants certiorari in 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 respected 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 regulatet 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, 2007: The Department of Justice proposes the first set of regulations pursuant to the 2006 Adam Walsh law. Media Coalition submits a comment challenging certain provisions and seeking clarification on others.
June 4, 2007: A three-judge panel of the Second Circuit Court of Appeals ruled 2-1 that the FCC's decision to deem "fleeting expletives" as indecent and subject to fines is arbitrary and capricious and a violation of the Administrative Procedures Act. The fleeting 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).
August 6, 2007: U.S. District Judge Whyte grants a permanent injunction of California's violent video game law, ruling in VSDA v. Schwarzenegger that the law violated the First Amendment, that the state did not offer proof that video games differ from other media, and that no generally accepted research supports the idea that the interactive nature of video games leads to violent behavior.
September 5, 2007: The state of California appeals the District Court's granting of a permanent injunction in VSDA v. Schwarzenegger to the Ninth Circuit Court of Appeals.
September 17, 2007: The government files a brief in the Third Circuit Court of Appeals in their appeal of Judge Reed's March 22 ruling that found COPA unconstitutional.
September 17, 2007: U.S. District Judge Cauthron grants a permanent injunction barring the enforcement of the Oklahoma law at issue in EMA v. Henry. In her decision, Judge Cauthron writes that video games are First Amendment-protected expression; that depictions of violence cannot be regulated in the same manner as obscenity; that no legislative, scientific or other findings support the passage of the law; and that the law would burden the First Amendment rights of adults seeking to purchase the restricted games.
September 24, 2007: U.S. District Judge Rice issues a final opinion striking down Ohio's harmful to minors statute as applied to the Internet on First Amendment grounds but ruled that it did not violate the Commerce Clause in ABFFE v. Strickland (previously ABFFE v. Petro and ABFFE v. Dann).
October 29, 2007: Media Coalition members and a large group of amici including journalism and technology advocacy groups submit an amicus brief in the Third Circuit addressing First Amendment concerns about and technological alternatives to COPA in ACLU v. Gonzales.
February, 2008: The state of Ohio appeals District Court Judge Rice's ruling that Ohio's harmful to minors law is unconstitutional under the First Amendment to the Sixth Circuit. The case is ABFFE v. Strickland.
February 13, 2008: Media Coalition submits its amicus brief in VSDA v. Schwarzenegger arguing that the state's claim contradicts all Supreme Court and Appeals Court precedent and could lead to restrictions on a wide array of mainstream media with violent content, that the terms used to define a "violent video game" are unconstitutionally vague, and that the labeling requirement is unconstitutional as a content-based requirement and compelled speech.
March 17, 2008: The Eighth Circuit upholds the lower court's decision in ESA v. Swanson (previously ESA v. Hatch) that violent video games are protected free speech and thus strikes down the Minnesota law that would have barred minors from accessing "M" or "AO" rated games.
March, 2008: Plaintiffs in the Media Coalition case ABFFE v. Strickland appeal the part of Judge Rice's ruling that found that Ohio's application of its harmful to minors law to the Internet did not violate the Commerce Clause. The Sixth Circuit subsequently certified two questions to the Ohio Supreme Court asking for statutory interpretation of the law.
April 25, 2008: Media Coalition members are joined by seven Oregon bookstores, librarian Candace Morgan, Planned Parenthood, the Cascades AIDS Project and the Oregon ACLU in filing a complaint and motion for preliminary injunction in the Media Coalition case Powell's Books, Inc. v. Myers, a challenge to an Oregon law that uses a non-Miller/Ginsberg definition of "harmful to minors" to criminalize the distribution of sexually explicit materials to people under 13 under any circumstances and those under 18 for the purpose of arousing or satisfying the sexual desires of the minor or the distributor.
May 7, 2008: Media Coalition and member plaintiffs file a complaint in U.S. District Court challenging an Indiana law that required any retailer, and possibly any person working for the retailer, that opened or relocated after June 30 and sold or intended to sell a single item deemed harmful to minors to register with the Secretary of State. The law also imposed a $250 registration fee on retailer, and, upon registering, retailers would be given a list detailing the types of material carried that could be harmful to minors. Noncompliance would have been a class B misdemeanor. The case is Big Hat Books v. Prosecutors.
May 7, 2008: The Eighth Circuit denies the state of Minnesota's petition to rehear ESA v. Swanson en banc.
July 1, 2008: In Big Hat Books v. Prosecutors, U.S. District Court Judge Sarah Evans Barker grants summary judgment permanently barring enforcement of an Indiana retailer registration law Media Coalition had asked the court to declare unconstitutional and prohibit the state from enforcing.
July 18, 2008: The Third Circuit Court of Appeals overturns the conviction of Robert Stevens, who was sentenced to 37 months in prison under a federal law that banned depictions of animal cruelty for selling videos that featured dogfighting and dogs being trained to hunt, and declares the law an unconstitutional restriction of free expression in U.S. v. Stevens.
July 22, 2008: A three-judge panel of the Third Circuit Court of Appeals issues a unanimous opinion affirming the District Court Judge Reed's ruling and holding that COPA is unconstitutional in ACLU v. Mukasey (previously ACLU v. Gonzales).
September 4, 2008: The government files a petition for rehearing and rehearing en banc with the Third Circuit Court of Appeals in ACLU v. Mukasey. The court denies the motions.
October 29, 2008: The government files a petition for certiorari with the Supreme Court in ACLU v. Mukasey.
December 12, 2008: U.S. District Court Judge Mosman declines to grant plaintiffs' motion for preliminary injunction in Powell's v. Myers, ruling that the statute was constitutional as a permissible limitation on speech and that it was not unconstitutionally vague.
December 12, 2008: The Sixth Circuit Court of Appeals hears argument in ABFFE v. Strickland.
December 15, 2008: The Solicitor General of the United States files a petition for certiorari with the Supreme Court asking the Court to review the Third Circuit Court of Appeals' decision in U.S. v. Stevens.
January, 2009: The Department of Justice releases final regulations for §2257 and §2257A. Media Coalition distributes extensive analysis on both sections to its members covering the practical impact of doing business under and the legal questions left unanswered by the regulations.
January 6, 2009: Judge Mosman enters final judgment dismissing the complaint Media Coalition members and other plaintiffs filed in Powell's v. Myers in April of 2008.
January 21, 2009: The Supreme Court denied the government's petition for certiorari in ACLU v. Mukasey, leaving in place the decision of the Third Circuit Court of Appeals that COPA is unconstitutionally vague and overbroad, and that it does not constitute the least restrictive means of protecting children from sexual content on the Internet.
February 3 and 4, 2009: Plaintiffs file notices of appeal to the Ninth Circuit Court of Appeals in Powell's v. Kroger (formerly Powell's v. Myers). Because the District Court's decision has a different impact on booksellers than providers of health and sex information, separate notices were filed - one on behalf of the bookstores and Media Coalition plaintiffs and another on behalf of Planned Parenthood, Cascade AIDS Project, Candace Morgan, and the Oregon ACLU.
February 20, 2009: The Ninth Circuit Court of Appeals rules unconstituional the California "violent video game" law at issue in VSDA v. Schwarzenegger.
April 20, 2009: The Supreme Court grants certiorari in U.S. v. Stevens.
May, 2009: Utah lawmakers propose legislation that would amend the state's Truth in Advertising law to make it a deceptive trade practice for retailers to advertise adherence to an industry rating system and then fail to enforce it. After the bill passes, Media Coalition enlists broad opposition to the legislation and is able to shift the debate in a way that leads the governor to veto the bill. The legislature adjourns without holding an override vote, defeating the proposed law.
May 20, 2009: California Governor Arnold Schwarzenegger and Attorney General Jerry Brown file a petition for certiorari with the Supreme Court asking it to review the Ninth Circuit Court of Appeals' decision in VSDA v. Schwarzenegger.
June 3, 2009: The Ohio Supreme Court votes to accept the two questions asking posed to them by the Sixth Circuit Court of Appeals asking for statutory interpretation of the law at issue in ABFFE v. Cordray (previously ABFFE v. Strickland and ABFFE v. Dann).
July 27, 2009: Media Coalition submits an amicus brief to the Supreme Court in U.S. v. Stevens arguing that the law at issue should be struck down as an unconstitutional restriction on free expression. Media Coalition also plays a pivotal role in soliciting briefs from a diverse group of amici including hunting groups, animal advocates, and journalists.
August 2009: The Illinois legislature introduces legislation that would require any public official convicted of certain crimes to forfeit all income derived from a media depiction or description of the acts. Media Coalition determines that the bill is unconstitutional because it applies solely to income derived from speech and, at the request of the sponsor, drafts a constitutionally acceptable bill that eventually becomes public law.
October 20, 2009: The Ohio Supreme Court hears arguments on the two certified questions from the Sixth Circuit Court of Appeals in ABFFE v. Cordray. The questions ask for guidance on the breadth of the statute.
January 27, 2010: The Ohio Supreme Court answers the certified questions asked by the Sixth Circuit in ABFFE v. Cordray. The Court ruled that the law should be read in that those who post material on generally-accessible websites and chat rooms cannot be prosecuted under the law.
February 23, 2010: Media Coalition files a comment in response to the Federal Communications Commission's Notice of Inquiry on "Empowering Parents and Protecting Children in an Evolving Media Landscape."
April 7, 2010: Plaintiffs and Media Coalition members, along with the Attorney General of Ohio, file supplemental briefs with the Sixth Circuit Court of Appeals that address the Ohio Supreme Court's answers to the certified questions posed by the Sixth Circuit in ABFFE v. Cordray.
April 15, 2010: The Sixth Circuit Court of Appeals substantially narrows the harmful to minors statute challenged in ABFFE v. Cordray (decided as ABFFE v. Strickland), ruling that the statute, which would impose fines and prison terms for providing non-obscene sexually explicit material to minors, cannot be applied to communications posted on websites, in public chat rooms, and through email listservs and mailing lists.
April 20, 2010: The Supreme Court rules 8-1 that the federal law banning depictions of intentional harm to animals represents an unconstitutional restriction on speech in U.S. v. Stevens. In the opinion, written by Chief Justice John Roberts, the Court refuses to carve out a new exception to First Amendment protections and dismisses the government's claim that it can ban speech it deems to be of "low value."
April 26, 2010: The Supreme Court grants the state of California's petition for certiorari in Schwarzenegger v. EMA (previously VSDA v. Schwarzenegger).
June 8, 2010: The Ninth Circuit Court of Appeals hears oral argument in Powell's v. Kroger.
July 13, 2010: Members of Media Coalition, the ACLU of Massachusetts, two local bookstores, and others file suit to enjoin a change to Massachusetts' harmful to minors law that criminalizes the electronic dissemination to minors of media containing sexual imagery, including material posted on generally accessible Internet sites. The case is ABFFE v. Coakley.
July 31, 2010: Members of Media Coalition join local booksellers, the ACLU of Alaska and others in challenging Alaska's harmful to minors law, which bans constitutionally protected sexual speech deemed "harmful to minors" from the Internet and imposes harsh penalties on retailers who inadvertently sell material containing nudity or sexual content to a minor - whether online or in a brick and mortar store. The case is ABFFE v. Sullivan.
September 17, 2010: Members of Media Coalition file an amicus brief with the Supreme Court in Schwarzenegger v. EMA in support of respondents and Media Coalition members EMA and ESA. Twenty-six others - including corporations, trade associations, First Amendment advocates, and government officials - also submitted amicus briefs supporting respondents. EMA and ESA submitted their brief to the Court on September 10. California submitted its brief on July 12.
September 20, 2010: The Ninth Circuit Court of Appeals strikes down Oregon's "harmful to minors" law in Powell's v. Kroger. The Ninth Circuit ruled that the statutes at issue were unconstitutionally overbroad and applicable to First Amendment-protected materials like Judy Blume's Forever, age appropriate sex education materials, and Margaret Atwood's A Handmaid's Tale.
October 15, 2010: California submits its reply brief to the Supreme Court in Schwarzenegger v. EMA.
October 20, 2010: U.S. District Judge Ralph Beistline issues a preliminary injunction against Alaska's "harmful to minors" law in ABFFE v. Sullivan.
October 26, 2010: U.S. District Judge Rya Zobel grants plaintiffs' motion for a preliminary injunction blocking Massachusetts' overbroad harmful to minors law in ABFFE v. Coakley.
November 2, 2010: The Supreme Court hears oral argument in Schwarzenegger v. EMA. The Supreme Court makes available a transcript of the argument.
November 15, 2010: The Ninth Circuit Court of Appeals denies the state of Oregon's motion for panel rehearing with suggestion for rehearing en banc in Powell's v. Kroger.
December 27, 2010: Plaintiffs in the Media Coalition case ABFFE v. Sullivan file a motion for summary judgment along with a memorandum in support of that motion. The motion requests that the court rule unconstitutional the Internet censorship law at issue and permanently enjoin it.
April 11, 2011: Massachusetts Governor Deval Patrick signs into law an amendment to the statute at issue in the Media Coalition case ABFFE v. Coakley; the amendment adequately addresses the constitutional infirmities that necessitated the lawsuit and thus ends the litigation.
June 8, 2011: Plaintiffs in the Media Coalition case Florence v. Shurtleff (previously The King's English v. Shurtleff) file a motion for summary judgment with supporting documents in U.S. District Court in Salt Lake City, Utah.
June 27, 2011: The Supreme Court rules 7-2 that California's law banning the sale of certain violent video games to minors is an unconstitutional restriction on free speech in Brown v. EMA (previously Schwarzenegger v. EMA).
June 30, 2011: U.S. District Judge Ralph Beistline grants plaintiffs motion for summary judgment in ABFFE v. Burns (previously ABFFE v. Sullivan), declaring the Alaska statute unconstitutional because it lacks the precision required of laws that restrict the content of speech under the First Amendment.
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