MEDIA COALITION HIGHLIGHTS 1997-1998

In August 1997, a crusade was initiated to intimidate bookstores from carrying books with any pictures of nude children. Protesters have demonstrated at bookstores and destroyed copies of picture books by Jock Sturges, Sally Mann and David Hamilton. Members of Media Coalition issued statement condemning the attacks and efforts to bully store owners and employees. The protesters are also pushing district attorneys to charge stores with carrying child pornography. So far, there has only Alabama has indicted a store for carrying the books. In dozens of other states district attorneys have either declined to prosecute or grand juries have declined to indict. The protests were initiated by Focus on the Family, a religious right organization and were joined by Randall Terry, the past leader of the extreme anti-abortion group, Operation Rescue.

In February 1998, Independent Prosecutor Kenneth Starr subpoenaed Kramerbooks and Barnes & Noble in Washington, DC to produce records for any purchase made by Monica Lewinsky at either store. Kramerbooks made a motion to quash the subpoena. Members of Media Coalition filed an amicus brief arguing that there are First Amendment considerations when book purchase records are subpoenaed. Judge Norma Holloway Johnson issued a Memorandum Order that the First Amendment is implicated by Ken Starr’s subpoenas of Kramerbooks’ and Barnes & Noble’s records. Judge Johnson ruled that before Office of Independent Counsel could obtain any information he must show a "compelling need" for the materials and the connection between the information sought and the investigation must be demonstrated to the Court.

Media Coalition Helps Overturn U.S., New York Internet Bans

In May 1998, members of Media Coalition, along with other plaintiffs, filed suit to overturn a New Mexico law banning the computer transmission to a minor of "material harmful to minors." After a fierce lobbying effort by the Media Coalition, Media Coalition members and others a law was passed that was very similar to a New York law that was ruled unconstitutional last year.

In June 1997, Media Coalition members were plaintiffs in the case that overturned a New York law banning computer transmission of material to minors that is "harmful to minors." The U.S. District Court ruled that the law was an unconstitutional violation of the commerce clause of the U.S. Constitution, which reserves to the Congress the power to regulate interstate commerce. The decision was sufficiently absolute that the State of New York chose not to appeal. The plaintiffs were awarded almost $600,000 in legal fees.

In June 1997, members of Media Coalition were among the victorious plaintiffs in the lawsuit that challenged broad restrictions on using the Internet to transmit

material with sexual content. "Although the Government has an interest in protecting children from potentially harmful materials, the CDA pursues that interest by suppressing a large amount of speech that adults have a constitutional right to send and receive. Its breadth is wholly unprecedented," Justice John Paul Stevens wrote for the majority.

Media Coalition Continues To Fight Congressional Censorship

In September 1997, the Free Speech Coalition, a trade association representing producers and distributors of sexually explicit material, appealed a federal district court decision upholding the constitutionality of the Child Pornography Prevention Act. While the members of Media Coalition strongly oppose child pornography, they filed an amicus brief with the Ninth Circuit Court arguing that this law radically and unconstitutionally expands the definition of child pornography to include images that depict adults who "appear" to be minors and computer generated images that appear to be of a minor. The law was struck down as unconstitutional in a separate federal district court decision.

In January 1998, members of Media Coalition and General Media, Inc., publisher of Penthouse, filed a petition for a writ of certiorari to appeal to the U.S. Supreme Court a U.S. Court of Appeals decision upholding the Military Honor and Decency Act of 1996. This law violates the First Amendment rights of U.S. servicemen and women by banning the sale or rental, at a military facility, of any magazine, recording or video that "depicts or describes nudity . . . in a lascivious way." Previously, a U.S. District Court had struck down the law as unconstitutional but was reversed by the 2^nd Circuit Court of Appeals.

Media Coalition Members Condemn Suppression of The Tin Drum

In July 1997, members of Media Coalition joined 30 national groups in condemning efforts by Oklahoma City authorities to suppress a wide range of First Amendment-protected material, including the Academy Award-winning film, The Tin Drum. Under pressure from a local pro-censorship group, the Oklahoma City police confiscated videos of the film from several video stores and the Oklahoma City library. In addition, they went to the homes of at least two individuals who had rented the video and seized their copies as well. The pro-censorship group, Oklahomans for Children and Families, alleged that The Tin Drum depicts child pornography. The Video Software Dealers Association and the American Civil Liberties Union of Oklahoma have filed lawsuits challenging the police actions. Last year, pressure by OCAF has prompted authorities to prosecute obscenity charges against two comic book dealers and several convenience store employees. Media Coalition wrote the police chief in an effort to end this harassment.

Media Coalition Joins Information Age

In February 1998, Media Coalition unveiled its website at www.mediacoalition.org. The site contains updates about censorship incidents from around the country, news about legal cases involving members of Media Coalition and summaries, status, suggested action and copies Media Coalition letters in opposition about censorship legislation. The site also has copies of Media Coalition reports and instructions for contacting Media Coalition.