Arizona Legislators Reject Bill Targeting 'Dangerous' Media

On Monday, April 7, state legislators in Arizona rejected House Bill 2660, a proposal that would make businesses financially liable for creating or distributing books, movies, and other media that "cause" a serious crime.   According to the bill's sponsor, Rep. Warde Nichols (R), "the proposal was designed to punish those who publish, produce, or disseminate underground pornography that depicts actual rape," reported the Arizona Republic.  

However, the American Booksellers Foundation for Free Expression, which has been providing support to Arizona booksellers who were opposed to the bill, noted, "Arizona H.B. 2660 authorizes the victims of crimes to sue the producers and distributors of 'dangerous' or 'obscene' books, magazines, and other works that they believe 'caused' the attacks upon them. A bookseller can be ordered to pay damages if he or she knew that the material would 'substantially assist, encourage, or result in another person committing terrorism or a felony offense.'"

In talking points prepared for booksellers, ABFFE continued, "There is no evidence that books cause crime. Common sense tells us that violent offenders are shaped by forces -- violence in the home, emotional deprivation, drug and alcohol addiction -- that are much more profound than the influence of the media.... H.B. 2660 shifts responsibility from the criminal to those who allegedly 'caused' the crime. Defense attorneys will be quick to argue that the real 'victim' was not the target of the assault but the criminal who was encouraged to commit the crime by a book, television show, movie, or recording."

ABFFE helped ABA Vice President Gayle Shanks of Changing Hands in Tempe, Arizona, prepare testimony for a hearing held by the Arizona Senate Judiciary Committee on Monday, but time expired before she had an opportunity to speak. The committee then voted 4 - 2 to kill the bill. "The committee acted largely in response to First Amendment concerns," ABFFE President Chris Finan said.

The Arizona Republic reported, however, that after the vote, Rep. Nichols "said he planned to bring back a much narrower version of his measure next year."

Although Shanks did not have an opportunity to appear before the committee, she appeared on Channel 3 area news reports on April 7 to explain to viewers how the bill would impact her bookstore. Shanks said that if H.B. 2660 passed, it would necessitate her getting rid of almost every book in her store, except cookbooks, because they might be construed as obscene or dangerous. The Shanks interview can be viewed on the Channel 3 website.--Rosemary Hawkins