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FEPP Archives - Issues - Art Censorship - 2001-02

The Next Frontier: "Intellectual Property" and Intellectual Freedom
(October 2002) - FEPP Director Marjorie Heins's Julie M. Boucher Memorial Lecture to the Colorado Association of Libraries, outlining threats to art and culture posed by current copyright law.

Friend of the Court Brief by 33 Media Scholars in St. Louis Video Games Censorship Case
(September 25, 2002) - 33 media scholars, historians, psychologists, and games researchers filed a brief with the U.S. Court of Appeals for the Eighth Circuit, opposing a law that bars minors from video games containing "graphic violence." The scholars' brief explains that, contrary to popular belief, most efforts to prove adverse effects from media violence have yielded null results, and that "experts on childhood and adolescence have long recognized the importance of violent fantasy play in overcoming anxieties, processing anger, and providing outlets for aggression." Read the brief in html or pdf.

CIPA Bites the Dust
(May 31, 2002) - A federal court ruled that requiring Internet filters in public libraries violates the First Amendment. See Ignoring the Irrationality of Internet Filters for commentary on the Supreme Court's reversal of this decision.

Commentary: Our Children's Hearts, Minds, and Libidos:
What's at Stake in the COPA Case

(April 18, 2002) - Salon.com and the Kama Sutra screen saver were just a few of the sites threatened with censorship as the Supreme Court prepared to rule in Ashcroft vs. ACLU.

Culture on Trial: The Story of 3 Landmark Censorship Cases
(Winter 2002) - The trial that freed James Joyce's Ulysses; the case that broke the Catholic Church stranglehold over American movies; and the McCarthy Era case that ended teachers' loyalty oaths.

Internet Filters: A Public Policy Report
(2001) - FEPP's original survey of more than 70 studies on the effectiveness of filtering software such as Cyber Patrol, SurfWatch, CYBERsitter, and BESS -- all of which blocked countless sites with important artistic, literary, and political content. For the fully revised and updated report, click here.

Not In Front of the Children: "Indecency," Censorship, and The Innocence Of Youth
From Huckleberry Finn to Harry Potter, Internet filters to the v-chip, censorship is often based on the assumption that children and adolescents must be protected from "indecent" information - whether in art, in literature, or on a Web site. In Not In Front of the Children, FEPP Director Marjorie Heins explores the fascinating history of indecency laws and other censorship aimed at youth. Not in Front of the Children won the 2002 American Library Association's Eli M. Oboler Award for the best published work in the area of intellectual freedom.

Supreme Court Brief In "COPA" Case
(September 2001) - Four sexuality scholars' organizations, along with the National Coalition Against Censorship, filed a brief with the Supreme Court explaining that there is no body of scientific evidence establishing that minors are harmed by reading or viewing sexual material. Hence, the "Child Online Protection Act," which criminalizes "harmful to minors" expression online, is not justified by any compelling governmental interest. In May 2002, the Supreme Court ruled that using the vague notion of "community standards" as part of the definition of what is "harmful to minors" is not in itself unconstitutional, and sent the case back to the lower courts for further consideration. (See Supreme Court Punts, and, for an update, Ashcroft v. ACLU, on the 2003-04 Supreme Court Page.) Read the brief in html or pdf.

The Free Expression Policy Project: The Concept Paper
(2001) - For at least a decade, attacks on government-supported expression—from artists' grants to public library collections—have been premised on the argument that it's not censorship simply to refuse to spend tax dollars for controversial art, theater, school texts, or library books.

image: www.freeimages.co.uk


The Free Expression Policy Project began in 2000 as part of the National Coalition Against Censorship, to provide empirical research and policy development on tough censorship issues and seek free speech-friendly solutions to the concerns that drive censorship campaigns. From May 2004 to March 2007, it was part of the Democracy Program at the Brennan Center for Justice at NYU School of Law. FEPP has been supported by grants from the Robert Sterling Clark Foundation, the Nathan Cummings Foundation, the Rockefeller Foundation, the Educational Foundation of America, the Open Society Institute, and the Andy Warhol Foundation for the Visual Arts.

All material on this site is covered by a Creative Commons "Attribution - No Derivs - NonCommercial" license. (See http://creativecommons.org) You may copy it in its entirely as long as you credit the Free Expression Policy Project and provide a link to the Project's Web site. You may not edit or revise it, or copy portions, without permission (except, of course, for fair use). Please let us know if you reprint!