Running head: DIGITAL FREEDOM FIGHTERS

Digital Freedom Fighters: Defending Free Speech in the 21st Century

Abstract

Many forms of speech have been contested over the course of time with many being banned, but comic books have been the target of many critics over the 75 year time span of publication. The First Amendment of the United States Constitution guarantees that free speech should not be impeded. Many organizations, including the Comic Book Legal Defense Fund, are continuing the legal battle of insuring the right of free speech remains unencumbered.

Digital Freedom Fighters: Defending Free Speech in the 21st Century

Introduction

Comic books have been published for over 75 years with a varied subject matter including superhumans, gods, soldiers, historical events and animals. Originally conceived as a child’s reading fodder, comics have evolved beyond the original audience. A recent study found that over 98% of comic book readers are over the age of 18. (Pantozzi, 2012) No longer an art form exclusively for children, comics have been the target of many censorship attacks. With the advent of 21st century technology, comic books have evolved and the criticisms have evolved with them. Newer challenges to this form of speech can sometimes be overwhelming, but there are many organizations which are focused on protecting these freedoms. These are the digital freedom fighters. They are a safeguard against the rising censorship and regulation of free speech. Banning books and other forms of media is a not a new practice, but digital media has changed the censorship methods. With new censorship, new bypasses have also been developed such as different means of disbution. The legal embattlements have also greatly shifted. Laptop, websites and other digital means are now central to the defense of free speech. What type of art should be protected is another great ongoing debate. Also, who is the authority to decide which art should be protected, cherished and preserved? Comics book have changed from a cheap, pulp escape to a respected art form that is deeply ingrained into pop culture. Hollywood has mined many intellectual properties and has plans to mine many additional properties in the future. As comic books evolve, a conflict has arisen over free speech vs decency. To understand the conflict as it currently exists, an examination of the history of censorship of comic books is necessary.

History of Comic Book Publications

While art dates back to drawing scribbled on a cave wall, comic books can be dated back to 1842. The first monthly comic book was published in 1922 and the first superhero, Superman, was published in 1938. (Harness, 2011) Continuous publication has occurred since 1933.

Secret Origin: From Newspaper to Comic Book

Before the comic book format because largely associated with superheroes, they were referred to as Funny Books. According to Coville, this name refers to comic books’ origin: reprinting newspaper comic strips. From 1933 to 1935, the comic book publishers were paying reprint royalties to the copyright holders. In 1935, National Allied Publications Inc. (which would later become DC Comics) decided to create their own original content. (Coville, “Part 1: Comic Strips Lead to a New Form”, n.d.) In June 1938, the comic book world changed forever. Superman burst onto the scene in a vibrant primary color costume hoisting a car overhead. Superman was created by Jerry Siegel and Joe Shuster, two teenage sons of Jewish immigrants. Siegel’s father was murdered, inspiring the creation of this new uniquely American hero that fights for truth, justice and the American way. Superman was a defender of those downtrodden defenseless people. Superman was a social crusader. (Elsworth, 2008) Immigrants and children were drawn to this powerful character. Many superheroes were created in the following years leading to the impending World War II. Comic books did not become a blockbuster platform until World War II, when comic books were sent to soldiers fighting abroad. The comics were both a morale booster and a distraction from the horrors of war. When the soldiers returned home, they continued to read comics. More adult themes were explored in the form of crime and horror comics, which would be at the center of a controversy in the next few years. (Coville, “Seduction of the Innocent and the Attack on Comic Books”, n.d.)

Comic Books Become Pop Culture Icons

Today, comic books are adapted into all forms of media, but this was not always the case. In 1940, prior to most of the world knowing who Superman is, the Adventures of Superman appeared on the airwaves of the radio. Radio was the dominant form of entertainment at the time. The Superman radio show was widely popular with many Americans. It was so popular, that a reporter used it to discredit, and ultimately disband, the Klu Klux Klan. (Serafino, 2013) Many contemporary heroes, such as the Shadow, the Phantom and Batman, made the leap to the radio. As Americans started getting televisions in their houses, so also did comic book characters make the leap to the small screen. Between the Fleischer Studios cartoon shorts and the Adventures of Superman, Superman broke new ground for other comic book characters in television. Cartoons and live action TV shows soon filled the schedules for years to come. (Serafino, 2013) The final leap was the cinema. While serials appeared as early as the 1940s, it wasn’t until 1978 that Hollywood finally understood the potential of comic book characters when Superman made people believe a man can fly. To date, comic book movies account for 3 of the top 10 highest grossing films of all time. (“Worldwide grosses”, n.d.) Comic books have ingratiated themselves into pop culture.

Call to Censorship

According to Lehigh University, censorship is “when a person or group successfully imposes their values upon others by stifling words, images or ideas and preventing them from reaching the public marketplace of ideas”. (“Book Censorship”, n.d.) With a rise in violent crime being committed, many people point towards a popular form of media. Much like the current video games such as Grand Theft Auto are targeted as sources of delinquency of minors, comic books became the center of a crusade for decency. Comic books became villainized as corrupting material. One man became a leader in the fight for censorship: Dr. Fredric Wertham.

The Innocent Seduced

Dr. Fredric Wertham was born in 1895 in Munich, Germany. He studied medicine in England and Germany. While studying, he corresponded with Dr. Sigmund Freud and decided to follow in his footsteps by becoming a psychiatrist. (Webster, 1981) Wertham felt the glorification of violence and covert sexual and communist themes in popular media where contributing to the delinquency of minors. In 1954, Wertham published Seduction of the Innocent, a scathing criticism of the comic book industry. Within the covers of Seduction of the Innocent, Wertham used evidence from his personal research to prove the harm effects of comic books on the youth of America. Wertham claimed that Superman was Communist and a fascist, the empowered Wonder Woman was a thinly veiled lesbian and Batman and Robin were a homosexual couple. Wertham also claimed that comic books promoted crime, horror and drug use. (Wertham, 1954) Wertham’s research led the senate to form the United States Senate Subcommittee on Juvenile Delinquency. The committee had multiple public hearings on the supposed subversion of youth by comic books. Dr. Wertham was the expert witness against comic books and William Gaines, publisher of EC Comics which were known for their horror content, was the witness in support of comic books. Wertham testified that he believed “Hitler was a beginner compared to the comic-book industry”. Gaines responded with “Some may not like them. That is a matter of personal taste. It would be just as difficult to explain the harmless thrill of a horror story to a Dr. Wertham as it would be to explain the sublimity of love to a frigid old maid”. (Quarles, 2012)

Self-Censorship: Comics Code Authority

In response to the senate hearing, the comic book industry decided to pre-emptively self-regulate content. The Comics Code Authority (CCA) was formed by September 1954. The code vastly restricted admissible content in comic books. The CCA prohibited depiction of officials/respected institutions from being portrayed in a bad light, excessive violence, monsters including vampires and zombies, use of “horror” or “terror” in the title, any sexual deviations and "in every instance good shall triumph over evil". (Hajdu, 2009)

Industry Response

The comic book industry was drastically altered due to the CCA. Storylines were abandoned due to forbidden content such as werewolves and ghouls. Whenever censorship occurs, creativity is stifled. The comic book creators had to find a way to work within the CCA.

Working Within Censorship

The stories contained within comics in the 1950s were either outlandish superheroes or westerns. The CCA had crippled the comic book industry. Publishers were afraid to print certain elements of the story to fit in the CCA guidelines. Jim Steranko, an artist for Marvel Comics, had many such edit made to his work. Cleavage lines, shadow detail on a buttocks and suggestive imagery were all censored to fit within the CCA. These edits ultimately caused Steranko, whose work is considered timeless, to leave Marvel Comics in frustration. (Cronin, 2009) Gerry Conway found a creative loophole for the CCA. Conway worked with fellow writer Marv Wolfman. Conway was able to have a story told to a character in a CCA approved comic by a “wandering Wolfman”, which would ordinarily be forbidden since werewolves and wolfmen were in admissible, but since Wolfman was the collaborator’s last name, it was allowed to be published. (Cronin, 2007)

Throwing Caution to the Wind

After 16 years of the CCA, the industry felt like it was time for a change. Marvel Comics Editor-in-Chief, Stan Lee, was approached by the United States Department of Health, Education and Welfare to publish an anti-drug story, as comic books were popular with children. Lee decided to write it in The Amazing Spider-Man as a three-part story. The CCA refused to approve the story for publication, even though drug use was shown in a negative light. With the blessing of his publisher, Lee proceeded with the story. The Amazing Spider-Man #96–98 (May–July 1971) were published without the CCA approval. Due to it being backed by the United States Department of Health, Education and Welfare, the CCA revised the code to allow drug use as a “vicious habit”. (Lee & Thomas, 1998)

Creative Control

As a result of Lee’s Spider-Man story, the Comics Code was revised multiple times. Many things that were previously forbidden were made allowable once again. Vampires and werewolves were now allowed to be presentation in the classic gothic horror manner. The code was modified greatly in the following 3 decades after Lee’s Spider-Man story. By the 1980s, many publishers were less concerned about the code. Comics for mature audiences were labeled as such and never submitted to the CCA for approval. Greater creative control was given as the code became less relevant. In the first decade of the 21st century, many comic book publishers developed their own rating system, similar to video game or movie ratings, which consist of multiple different ratings. By 2011, the CCA was defunct, as all comic publishers had abandoned the code. (Brownstein, 2011)

Are Comics Books Art?

As more creative control over comics was granted, a wider array of genres was being covered. No longer were superheroes the only option, now fantasy, historical fiction and even adaptations of non-fiction were being published. There were comics that appealed to all demographics. Even with this offering, comic books were still seen as funny books that were made for children. Comics were not perceived as art. Many works have changed some minds about the subject and comic books have gained legitimacy.

Maus

In 1978, Art Spiegelman, the son of a Holocaust survivor, decided to chronicle his father’s personal history. Unlike most other approaches, Spiegelman choose to create a comic book. While historically flawed, as with all memories, Maus is well regarded as literature. Spiegelman decided to depict all the characters in his book as animals, inspired by Nazi propaganda comparing Jewish people to rats. By reducing characters to a single animal, Spiegelman has a discussion regarding racism. Other themes prevalent throughout the work include the fallacy of memory and the guilt associated with telling the story. (Spiegelman, 1992) Maus was the first comic book ever to win a Pulitzer Prize. ("Special Awards and Citations", n.d.) The combination of the riveting story with the artwork was a presentation of the holocaust unlike anything that had come before. This comic book even was reclassified from fiction to non-fiction. (Franklin, 2011)

Watchmen

Unlike Maus, Watchmen is a more traditional comic book. Starring superheroes banding together to save the world, it could easily be overlooked as a simple funny book. Originally published in 1986-87, Watchmen was a comic by Alan Moore and Dave Gibbons that did not adhere to the code enforced by the CCA. Instead, Watchmen is an in-depth analysis of human nature. A murder mystery is the setup that leads into a sordid tale of corruption, rape and commentary on human nature. Included in the narrative are prose backup material and an alternate history. Watchmen captured the zeitgeist of the day including nuclear war and the Soviet Union. Many details were drawn into each frame to add depth, something unique to the comic book format. Also, the layout style was unique to each issue, with one issue being a mirror image from front to back with panel layout. (Moore & Gibbons, 1987) Watchmen has received many awards, including being the other comic book to be included on Time Magazine's list of "All-Time 100 Greatest Novels" in 2005.

Respected Art Form

Comic books have grown to be a respected art form. Comics have been used to tackle social issues including racism, homophobia and drug use. The combination of artwork with text is a medium that allows for a more complex and in-depth story to be told.

Digital Frontier

The 21st century has brought innovation to the comic book industry as there has never been before. Digital distribution has disrupted some direct market distributors. New ways to read comics have also evolved. New techniques to acquire comics are also developed. The comics industry is at a crucial time with its digital empire.

Digital Comics Preservation

Until recently, comic book publishers were not providing digital comic books in a format that their customers desired. Additionally, a back issue catalog in a digital format was not available. In a response to this deficit, the Digital Comics Preservation (DCP) group was formed. Their goal is “digitally preserving ALL comics”, regardless of how popular or valuable. Each comic DCP encountered, they scanned it in a high resolution format and posted on an internet newsgroup at no charge. (Shelley, 2007) The comic book publishers considered this piracy of their intellectual property and sought prosecution of those individuals involved. Others viewed it differently. Others viewed it as a digital library, where one could read comic books. Each reader was encouraged to purchase any comics they enjoyed reading. (Shelley, 2007)

ComiXology

In 2009, the comic book industry saw the largest in decades: a third party digital retailer that united all publishers into a single location. This company is comiXology. ComiXology is available on all smartphones, tablets and computers. They developed an innovative reading method called “guided view” that allowed even new readers to follow the story progression through the panels. (Gustine, 2012) ComiXology is likened to iTunes in the ease of purchase and selection. Much of the major publishers back issue catalog has been made available. (Gustine, 2012) The availability of a variety of comics allowed for more freedom. However, each comic book has DRM software imbedded and comiXology does not allow local downloading.

Kickstarter

Kickstarter is a crowd funding website that was founded in April 2009. (Wauters, 2009) The mission of Kickstarter is simple: help bring creative projects to life. (Chen, Strickler, & Adler, 2013) As of October 2013, there have been 50,121 projects that received $830 million in funding. ("Kickstarter Stats — Kickstarter", n.d.) Unfortunately, Kickstarter does not allow a project to be partially funded. A project that a backer is passionate about is not guaranteed to be funded. There have been nearly 5 million people that have chosen which projects to fund through Kickstarter. ("Kickstarter Stats — Kickstarter", n.d.) Kickstarter has been another avenue for small comic book publishers, including webcomics, to find the capital needed for their projects. Many individuals were able to get their passion projects funded. One comic book publisher, Fantagraphics Book, was suffering after the death of a co-publisher. To raise the additional capital for the fall schedule, Fantagraphics went to Kickstarter. Within one week, the goal was reached and the project was successfully funded. (Wilson, 2013) Without Kickstarter, the publishing schedule would have been delayed or greatly lessened.

Cyber Censorship

With newer technology and controls in place to protect children from consuming harmful media, it could easily be assumed that censorship of digital comic books would be nearly non-existent, but censorship is becoming more prevalent. The CCA provided very clear requires for approval, but some digital distributors have vague guidelines. The vagueness of the guidelines leads to inconsistencies of censorship.

Apple iTunes and Comixology

In April 2013, issue 12 of Saga, a comic book by Brian K. Vaughan, was censored from Apple devices. While previous issues of Saga contained adult-oriented content, such as a woman breastfeeding on the cover of the first issue, comiXology decided to remove this one from all iOS devices. The issue was still available on computers and Android devices. After receiving multiple complaints, comiXology revealed that they censored due to their interpretation of the iTunes content guidelines, without ever receiving notification from Apple. This decision was reversed and Saga #12 became available. (Waid, 2013) The following month, May 2013, 56 issues were removed from iOS devices, this time at the request of Apple. Many of these issues were previously approved, just to be censored later. The inconsistencies have led to much frustration, which does not occur in print any longer. All of these issues were available in print even though they were censored in digital form. (Melrose, 2013)

Fighting for Freedom in the 21st Century

The technology age has brought a new, unique set of challenges to freedom and safety. These two fundamental principles are at odds and the citizens of the US are struggling to find the balance between the two. Such a battle is the one taking place at our borders: searches of electronic devices. In "Ninth Circuit Limits Search of Electronic Devices at U.S. Borders" (2013), Bousquet discusses this balancing act. The Department of Homeland Security is responsible for ensuring the US borders are safe from threats. As such, many protections afforded by the 4th amendment are lessened. Homeland Security has been empowered by "the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country." (United States v. Ramsey, 431 U.S. at 616.) This power has inevitably progressed to electronic devices. Border agents were detaining individual's laptops, iPads and other electronic devices to seize content located on the device. Such a seizure occured when Ryan Matheson attempted to cross the Canadian border with comic books on his computer. (R. v. Matheson, 2012) Ultimately, the charge against Matheson were dropped, but this is an example of invasive practices into private lives. In United States v. Cotterman, 9th Cir. en banc 2013, the court determined that "laptop computers, iPads and the like are simultaneously offices and personal diaries. They contain the most intimate details of our lives. A person’s digital life ought not be hijacked simply by crossing a border." These privacies should not be infringed unless there is a legitimate cause.

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