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NEWS: Arkansas law threatens manga retailers


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slykura



Joined: 02 Feb 2002
Posts: 21
PostPosted: Fri Jul 04, 2003 5:56 pm Reply with quote
Once again American law baffles me to no end. People should have a right to make their own descions as to what they want to read. Here in Australia we do have a classfications board, something like this should be set up in the united states... oh wait that would be so called unconstitutional. yet this law isn't? :roll: gimme a break.
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natsume44



Joined: 04 Jul 2003
Posts: 11
Location: In front of my computer. Where else?
PostPosted: Fri Jul 04, 2003 6:07 pm Reply with quote
Dang it, and I live in Arkansas too! I'm starting to think all the stupid people really are from Arkansas! Mad Geez, I know it's important that little kids don't read stuff that's considered mature for them, but come on!
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Coral Skipper



Joined: 08 Apr 2003
Posts: 223
PostPosted: Fri Jul 04, 2003 8:39 pm Reply with quote
Don't worry, the law will be overturned, if only because it is too vague. Aside from porn whenever the government tries to keep things from kids. Aside from that I think a court overturned a recent ruling about M rated video games being kept in a diffrent area of a store, and not allowing minors to buy them on the basis that it would put them in the same context as porn. Something like that will happen to this law.
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Rei_Zero



Joined: 14 Jun 2003
Posts: 6
Location: Perth, Australia
PostPosted: Fri Jul 04, 2003 9:24 pm Reply with quote
I don't live in America. but I think that this law is rediculous. like many that are around the place.
this is proof that states shouldn't be able to have control of such things as classifcations and distibution of media. it's a stop to free speach. And in trying to stop it. they only drive it deeper underground.

I mean, they honestly expect people to stop buying them?, if they can't get the manga etc local, people will just order it from other locations. The state govenment here in Western Australia s learning that with X rated films.

This law will not last long. and I have the feeling, no one will really be bothered to enforce it anyway, because it is just so damn STUPID!.

/my 0.02c
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sailorbunny



Joined: 04 Jul 2003
Posts: 1
Location: Cleveland, Ohio or LA, Ca
PostPosted: Fri Jul 04, 2003 9:35 pm Reply with quote
Geez, this is really getting out of hand. I feel soryy for the fans in AK. Remind me not to move there! I remember doing a paper on cencorship in the Deep South (ie the Scopes Trial and Darwin) and there are some scary similarities. Eventually it'll die but it's still rediculous for the state government to even think that they could stop something like this. Please!
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natsume44



Joined: 04 Jul 2003
Posts: 11
Location: In front of my computer. Where else?
PostPosted: Fri Jul 04, 2003 9:56 pm Reply with quote
I remember something like this happened in Cedarville (AR, go figure). Some mom got her child's school to take the Harry Potter books off the library shelves, but it didn't take too long to get it overturned. Hopefully that will be the same case here.
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Godaistudios



Joined: 12 Jun 2003
Posts: 2074
Location: Albuquerque, NM (the land of entrapment)
PostPosted: Fri Jul 04, 2003 10:07 pm Reply with quote
America's lawmakers seem to be so contradictory across the board.

First, get rid of the sodomy laws, but beware of content that may have a minor sexual implication in it...
(my vaules aren't reflected here, just using an example)

I want to tell people to make up their minds...

As far as the lawmakers, they were quoted as "... but our intentions were pure."

That may well be, but your intentions are lost if they aren't enacted in a way that only affects what you desire to see changed. As all can see here, it's stirred up trouble that can cause their good intentions to be overturned. And in the end, instead of getting what they want, they get nothing accomplished. Do it right the first time.
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Ranmah



Joined: 27 Jan 2003
Posts: 294
Location: Stomp'n on Tokyo Tower
PostPosted: Fri Jul 04, 2003 11:04 pm Reply with quote
I guess some of the lawmakers for got the 1st amendment. I'm sure with enough presure the power that be drop this stupid law and be more broader. This is the 21st century not the 19th century. Get with the times people.

Ranmah
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Godaistudios



Joined: 12 Jun 2003
Posts: 2074
Location: Albuquerque, NM (the land of entrapment)
PostPosted: Fri Jul 04, 2003 11:17 pm Reply with quote
I'm not sure that it violates all 1st amendment rights because it doesn't prevent sombody from purchasing the material and reading it in the long run (although in some cases it would require an adult to purchase it.) What they need to do is reword the law so it doesn't have a sweeping and broad generalization so that it covers far more than it should.
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jmays
ANN Associate Editor


Joined: 29 Jul 2002
Posts: 1390
Location: St. Louis, MO
PostPosted: Fri Jul 04, 2003 11:24 pm Reply with quote
Godaistudios wrote:
What they need to do is reword the law so it doesn't have a sweeping and broad generalization so that it covers far more than it should.

The problem is actually a combination of Act 858 and Arkansas' very broad definition of "harmful to minors."

Arkansas Code 5-68-501. Definitions.

Quote:
(2) "Harmful to minors" means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics:

(A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

(B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

(C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors

-Jonathan
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Godaistudios



Joined: 12 Jun 2003
Posts: 2074
Location: Albuquerque, NM (the land of entrapment)
PostPosted: Fri Jul 04, 2003 11:33 pm Reply with quote
hmm... what I wrote was a little awkward when I look back at it...

I meant that they need to reword the law so the broad generalization does not apply, and as such, they can limit it to more specific content. But you are right... with the combination of that code, it makes it nearly impossible to pinpoint what is harmful and what is not.

Perhaps we should petition to show that there is literary value to what we enjoy and then it would no longer be an issue? (I know it's a pipe dream, but I'd rather at least amuse myself with that concept for a little while.)
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jmays
ANN Associate Editor


Joined: 29 Jul 2002
Posts: 1390
Location: St. Louis, MO
PostPosted: Fri Jul 04, 2003 11:38 pm Reply with quote
Godaistudios wrote:
Perhaps we should petition to show that there is literary value to what we enjoy and then it would no longer be an issue

You'll notice that quite a few classic novels fit the "harmful to children" definition, too. That's why groups like the Arkansas Library Association are part of the coalition against the law. Manga aside, many materials with definite literary value also fall under the new law.

-Jonathan
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Emerje



Joined: 10 Aug 2002
Posts: 6945
Location: Maine
PostPosted: Sat Jul 05, 2003 12:14 am Reply with quote
There's more insight on this whole thing over at Newsarama. The do make a good point about the Bible being covered by this new law.

I've heard the following groups are getting involved in this:

Comic Book Legal Defense Fund
American Booksellers Foundation
the Arkansas Library Association
the Association of American Publishers
the Freedom To Read Foundation
the ACLU of Arkansas

I'm sure others have joined as well.

Emerje
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kodocha3



Joined: 04 Jul 2003
Posts: 15
Location: Kansas
PostPosted: Sat Jul 05, 2003 1:13 am Reply with quote
Obviously the legal system in the US, or at least Arkansas in this situation, has it's faults. But that is the reason why we have the ability to challenge laws.

Maybe the legislature's intentions were good. If I had children I wouldn't want them to have access to Penthouse. But their intentions and their actions are very different. I am no lawyer, but how vague could you get:

Quote:
The average person eighteen (18) years of age or older applying contemporary community standards would find that...


Is this typical legaleese? You can't get an average group of people 18 or older to even agree on what contemporary community standards are, much less how to apply them to any given subject.

I am interested to see the final outcome of this law.
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Anlushac11



Joined: 17 May 2003
Posts: 268
Location: Indianapolis, Indiana, USA
PostPosted: Sat Jul 05, 2003 7:38 am Reply with quote
Miagi wrote:
Godaistudios wrote:
What they need to do is reword the law so it doesn't have a sweeping and broad generalization so that it covers far more than it should.

The problem is actually a combination of Act 858 and Arkansas' very broad definition of "harmful to minors."

Arkansas Code 5-68-501. Definitions.

Quote:
(2) "Harmful to minors" means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics:

(A) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

(B) The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

(C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors

-Jonathan



Line C seems to be the blanket coverage that covers the stuff they dont understand or like.

My Great Grandma lived in Arkansas. Nice place to visit but I wouldnt want to live there. Way too many religious zealots in the outlying hills for my taste.
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