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in support of free expression
The information presented here by the National
Coalition Against Censorship (NCAC) may be freely redistributed in its entirety,
provided that readers are informed that the information was obtained from
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LAST UPDATED APRIL 2005
©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
NCAC Censorship News Issue #91:
News From The Courts
- A federal district court in Ohio vacated a guilty plea
in a case involving a private journal describing sexual
fantasies about children. Brian Dalton was charged with
child pornography for the writings in his diary. He pleaded
guilty, apparently unaware that he could claim that his
journal was protected by the First Amendment. The plea was
vacated and the case sent back for a trial at which the
ACLU is expected to argue that it is unconstitutional to
criminalize the act of recording one's thoughts.
- An Arkansas student who was disciplined by his junior
high school for speaking about being gay, won a $25,000
settlement from the Pulaski County Special School District
and an apology from school officials. He was forced to read
scripture against homosexuality, and was "outed" to his
parents, according to the ACLU lawsuit. The school district
agreed that it will not again disclose a student's sexual
orientation or punish a student for talking about sexual
orientation outside the classroom.
- Political satirist Al Franken and Penguin Publishers are likely to gain a boost in sales from a suit by Fox News over the title of Franken's new book, Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Fox claimed that Franken violated its trademark of the phrase fair and balanced, which is how the network describes its news coverage. U.S. District Court Judge Denny Chin ruled that the title is parody, protected by the First Amendment.