Legal | The Comic Book Legal Defense Fund joined a coalition of booksellers and other organizations in a federal lawsuit filed on Tuesday to challenge an expansion of Massachusetts’ obscenity law to include distribution via the Internet of material “harmful to minors.”
The new law, which went into effect on Monday, is intended to close a loophole that led the state Supreme Court to overturn the conviction of a man accused of sending sexually explicit instant messages to someone he thought was a 13-year-old girl. Following the February ruling, the state Legislature swiftly to add IMs, text messages, email and other electronic communications to the existing obscenity law.
But the coalition, which includes the American Civil Liberties Union of Massachusetts and the Association of American Publishers, argues that the law is too broad, and “bans constitutionally protected speech on the Internet for topics including contraception and pregnancy, sexual health, literature, and art.” Under the statute, violators can be fined $10,000 or sentenced up to five years in prison, or both, which the group asserts will cause “a chilling effect” or online booksellers. [The Associated Press, CBLDF press release]