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First Amendment at issue in proposed obscene materials bill
07:46 AM MST on Monday, April 7, 2008
PHOENIX (AP) -- Bookstores, news organizations, cable companies and other businesses are strongly opposed to legislation that would make an individual or a company liable for civil damages if they produce, publish or distribute any dangerous or obscene materials that causes someone to commit an act of terrorism or a felony.
House Bill 2660 passed the House and is up for debate Monday in the Senate Judiciary Committee.
Opponents argue it infringes on First Amendment rights and makes them vulnerable to lawsuits over mainstream materials now protected under free speech, from gun magazines and newspaper articles to on-demand television programs.
Rep. Warde Nichols, R-Gilbert, introduced the bill. He said that for too long, the people creating or selling this type of material have not been held accountable. "This bill would hit them in the pocketbook and serve as a deterrent," he said. "We're going after the worst of the worst of society," Nichols said.
Opponents like Christopher Finan, president of the American Booksellers Foundation for Free Expression in New York, see the bill as too broad, too vague and unconstitutional.
He challenged the belief that books and other materials could inspire someone to commit a sexual or violent crime. "We will be held liable for acts committed by a person who has bought a book in our store and then goes and does something bad because he or she claims the book made them do it," said Finan, whose New York-based group represents 900 independent bookstores nationwide. "We will not feel safe about selling books and magazines. This will have a chilling effect on the sale of materials protected by the First Amendment."
Nichols said he will accept changes to the bill that would eliminate language dealing with terrorism and address concerns from the telecommunications and other industries.
Companies opposed to the bill like Cox Communications have said it opens them up to lawsuits stemming from material viewed on cable television or over the Internet. "The language of the bill actually creates huge liability issues for the folks who are the pipes or the conduit but have no control over the content," said Susan Bitter Smith, executive director of the Arizona-New Mexico Cable Television Association.
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Information from: The Arizona Republic, http://www.azcentral.com
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