Thursday, March 15, 2012

In the News This Week...

In December 2010, Nickel and Dimed: On (Not) Getting By in America was under fire by residents of Bedford when a few parents decided the book was unsuitable for use in schools because, according to these parents, the book went against the conservative views of the community [see earlier post here.]  A group of parents later signed a petition to keep the book in the curriculum and the review committee later agreed and stated that the book was suitable for classroom use [see post here.]  Now, over a year and a half later, the book is again under fire by an Easton resident by the name of Eric Adams, according to the NazarethPatch in an opinion piece by Margie Peterson.
In a recent letter to The Morning Call, Adams was back arguing against Nickel and Dimed and that school boards should be monitoring textbooks closely to make sure the curriculum doesn’t “deviate too far from the core values of the community.”

Certainly, school board members are entitled to weigh in if they think a particular book used in classes is a poor choice. But unless you have third-graders reading “Mein Kampf,” boards should be reluctant to start pulling books every time someone objects to content. Plenty of great literature has been banned or challenged in schools at one time or another.
Having gone through the passages that were originally taken as being inappropriate for students, I am unsure why this is still an issue, seeing as the offending statements were very few (two that I can remember) and far between.  The majority of the book is actually quite effective in teaching about the difficulties of making it in the tough economy of modern-day America, especially when attempting to actually make a living in the customer service industry.  Margie Peterson agrees:
In my teens and twenties I waitressed in several restaurants in Maryland, New Jersey and Washington, D.C., and the memories of my aching shoulders, back and feet are with me still. Ehrenreich captured the petty indignities, condescending customers and autocratic managers well. She writes: “Managers can sit -- for hours at a time if they want – but it’s their job to see that no one else ever does…When, on a particularly dead afternoon, Stu finds me glancing at a USA Today a customer has left behind, he assigns me to vacuum the entire floor with the broken vacuum cleaner which has a handle only two feet long, and the only way to do that without incurring orthopedic damage is to proceed from spot to spot on your knees.”
Adams, in his complaint, declares that school directors seem to like controversial books in the classroom.  I can only agree with the author of the opinion article when she states that "One can only hope so."
The remedy to controversy over books is not to remove them but to teach more of them. 
"We read books like this to spark debate, get kids thinking about what they actually believe in, and stand up and defend it. That's really what this is about, trying to reinforce our democratic principles."
Controversy for the sake of controversy is not the best way to get students thinking, but in this particular situation, the book is controversial only because it seems to go against the thinking of some members of the communities in which it is being taught, and not because it is just a ridiculous or incendiary argument.  Ehrereich makes valuable observations and puts forward much food for thought, with the occasional amusing anecdote or comparison (at least to some.)  And the book gets discussions going about real-life issues, which is exactly what they should be doing!  I don't see how this case of using a textbook to provide material for debate is in any way negative, especially at the secondary school level.


In Other News, Criminal Charges were dropped in a Canada Customs case against Manga this week. The Press Release is produced below:

For Immediate Release
Contact: Charles Brownstein

Criminal Charges Dropped In Canada Customs Manga Case

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

Read the rest of the release after the jump...

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 or by clicking here: Charter Noticeand 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

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 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 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.

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

The Comic Legends Legal Defense Fund was founded in 1987 to raise money for the defense of a Calgary, Alberta comic shop whose owners were charged with selling obscene materials. The CLLDF has since been maintained on an ad hoc basis to provide financial relief for Canadian comics retailers, publishers, professionals, or readers whose right to free speech has been infringed by civil authorities.  Largely dormant since the early 1990s, the CLLDF is reforming to provide support for this case, and reorganizing to ensure that help will be readily available for future cases involving Canadian citizens or authorities.  To help the CLLDF in this mission, please go to

Thanks for reading.

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