Archive for March, 2012

GONE TO AMERIKAY Launch Party Benefits CBLDF

Thursday, March 29th, 2012

Gone to Amerikay, the new Vertigo original graphic novel by Derek McCulloch and Colleen Doran, will have a book launch party, benefiting the Comic Book Legal Defense Fund. McCulloch and Doran will both be at Harbor Lights Restaurant in New York City on March 30 from 6 to 8 pm, celebrating the release of their new book and demonstrating their support of the CBLDF’s mission. All are welcome to join the celebration; admission will be free, though donations to the CBLDF are suggested. There will be complimentary hors d’oeurves, and special guests from the comics community will be on hand to inaugurate Gone to Amerikay. Copies of the book will be on sale, courtesy of Midtown Comics.

McCulloch, who sits on the board of The Comic Legends Legal Defense Fund, the Canadian counterpart to the CBLDF, said “I’m very proud of our work on Gone to Amerikay and all the more proud to be launching it with a benefit for the CBLDF. The CBLDF and the CLLDF recently worked together to defend a reader in a legal battle with Canada Customs, and I’m hoping that this benefit will help defray the costs of that defense.”

Hailed by J. Michael Straczynski as “THE book of 2012,” Gone to Amerikay is a century-spanning original graphic novel about the America that Ireland dreamed. It tells the story of three generations of Irish emigrants to the United States: Ciara O’Dwyer is a young woman raising a daughter alone in the Five Points slums of 1870; Johnny McCormack is a struggling actor drawn to the nascent folk music movement in Greenwich Village 1960; and Lewis Healy is a successful Irishman who’s come to present-day Manhattan on his wife’s anniversary-present promise to reveal the connection between him and them. The mystery originates with Ciara’s runaway husband, who disappeared after promising to join her in America, and carries into mid-century when Johnny, devastated by an unexpected romance and a lost shot at musical fame, gets a supernatural visitor.

Gone to Amerikay will be in stores on March 28.

Harbor Light restaurant is located at South Street Seaport Pier 17 3rd Floor, New York 10038.
Phone: (212) 227-2800

About CBLDF
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 nonprofit organization dedicated to the preservation of First Amendment rights for members of the comics community. They have defended dozens of Free Expression cases in courts across the United States, and led important education initiatives promoting comics literacy and free expression. For additional information, donations, and other inquiries call 800-99-CBLDF or visit them online at www.cbldf.org.

Reposted from the CBLDF.

Criminal Charges Dropped In Canada Customs Manga Case

Thursday, March 15th, 2012

The Comic Book Legal Defense Fund and the Comic Legends Legal Defense Fund are pleased to announce that the Crown has withdrawn all criminal charges in R. v. Matheson, the case previously described as the “Brandon X case,” which involved a comic book reader who faced criminal charges in Canada relating to comic books on his computer. The defendant, Ryan Matheson, a 27-year-old comic book reader, amateur artist, and computer programmer has been cleared of any criminal wrongdoing.

The total legal costs of this case exceeded $75,000. After taking the case last summer, the Comic Book Legal Defense Fund contributed $20,000 to the defense, and the Comic Legends Legal Defense Fund contributed $11,000. The CBLDF also participated in shaping the defense, including recruiting expert testimony for the trial. The organization is currently seeking funds to help pay off the $45,000 debt Matheson incurred as a result of his case, and to create new tools to prevent future cases. To make a contribution to these important efforts, please visit www.cbldf.org.

After a search of his laptop in 2010, Matheson was wrongfully accused of possessing and importing child pornography because of constitutionally protected comic book images on that device. He was subjected to abusive treatment by police and a disruption in his life that included a two-year period during which he was unable to use computers or the internet outside of his job, severely limiting opportunities to advance his employment and education. Mr. Matheson has agreed to plead to a non-criminal code regulatory offense under the Customs Act of Canada. As a result of the agreement, Matheson will not stand trial. The defense of this case was waged by Michael Edelson and Solomon Friedman of Edelson Clifford D’Angelo LLP. The full Notices of Application detailing Edelson’s defense and outlining the outrageous and unlawful treatment Matheson endured are available on www.cbldf.org or by clicking here: Charter Notice and Jan 15 12 – Matheson Charter Notice.

Speaking out for the first time, Matheson says, “I’m glad to finally put this awful ordeal behind me. Ever since the beginning I knew I had committed no crime, so I was never willing to accept a plea to any criminal charge. The entire legal process is very traumatizing, and the overzealous bail conditions imposed on me were very difficult to endure. Although my defense was extremely strong, all trials are inherently risky and I value my life too much to risk a potential minimum mandatory sentence. I am very grateful for the spectacular work Michael Edelson and his team put into my case, and to all the generous people who supported me and contributed to my defense. I was able to stand up to the very last day and fight for something I believe in.” Matheson has also written a personal statement about his case that appears on www.cbldf.org.

Edelson, who managed the defense says, “The client, and my firm, are grateful to the members of CBLDF and CLLDF for their invaluable financial and moral support with respect to this case, which was of such critical importance to the client, given the very positive outcome we were able to achieve in an area of the law where, here in Canada, the Crown very rarely exercises its discretion to withdraw charges of this nature. The client will have no criminal record, his name will not appear on the Sex Offender Registry in Canada, or elsewhere.”

The Notices of Application available on CBLDF.org detail for the first time the extreme mistreatment Mr. Matheson suffered at the hands of Canadian authorities. He had his right to counsel and Vienna Convention consular rights violated when he was detained without being properly informed of the reason for detention. He was not granted access to counsel, or to the American Embassy. The Application asserts that Customs officers acted as agents for police and conducted an illegal search of his property. Matheson was also the subject of cruel and unusual punishment, including being denied food and blankets. Matheson was even told by police transporting him to prison that “if you get raped in here, it doesn’t count!” The defense detailed these and other abuses and outlined that the comics at issue are constitutionally protected in the United States, the client’s home country. The comics possess artistic merit and are widely available in Canada, Japan and the United States.

Although the outcome of this case is ultimately positive, comic book readers should be aware that there are still dangers for traveling with comics in Canada. Edelson says, “Aside from the very positive outcome to this story, your members should be cautioned concerning the search and seizure regime here in Canada exercised by the Canadian Border Services Agency. Moreover, they should also be aware that although anime and manga is legal in many areas of the United States and Japan, etc., to possess and utilize, the Canadian authorities may take a different view if this material is found on any laptops or mobile devices when you enter the country. Many of the issues that arise in similar circumstances are thoroughly addressed in our comprehensive Notice of Application.”

Edelson’s firm has created a new advisory on traveling with comics and manga in Canada that is available here: CBLDF – Legal Memorandum – Canada Issues. The CBLDF’s previous advisory, which addresses the issues of traveling with comics through international borders is located here: CBLDF Advisory – Comic Book Art at Intl Borders

“This is a good outcome, and we’re glad we were able to contribute to it,” CBLDF Executive Director Charles Brownstein said. “While one always wants to be able to change the rules in court, those opportunities are rare, and in this case, the defense’s extraordinary effort in persuading the Crown to drop criminal charges is a very positive conclusion. We are now focusing our efforts on raising money to help pay off Ryan’s legal debt. We are also working with Ryan and experts in the manga community to create educational tools to help prevent others from needing to go through anything like this themselves. We hope that people will donate to the CBLDF to help us achieve these goals quickly.”

Comic Legends Legal Defense Fund board member Leonard Wong said, “We’re glad this is over for Ryan and want to thank him and his attorneys for their willingness to stand up to our government in this matter. We’re also pleased that the Comic Book Legal Defense Fund was able to assist the defense financially and substantively, and are creating new tools to help prevent these kinds of cases in the future. Unfortunately, this could easily happen again, so we continue our stride to establish the CLLDF as a more active ongoing concern. Our immediate focus will now shift towards raising funds and preparing for any future attacks on comics in Canada.”

Please visit www.cbldf.org today to make a donation in support of paying off Ryan’s legal defense and creating new tools to combat abuses like this from happening in the future. You can also support this effort by becoming a member of the CBLDF. Every contribution helps us get Ryan back on his feet, and furthers our efforts to protect the First Amendment rights of comics and manga.

About CBLDF
The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 nonprofit organization dedicated to the preservation of First Amendment rights for members of the comics community. They have defended dozens of Free Expression cases in courts across the United States, and led important education initiatives promoting comics literacy and free expression. For additional information, donations, and other inquiries call 800-99-CBLDF or visit them online at www.cbldf.org.

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