!@#… 나는 누가 미국을 언론과 사상의 자유의 나라니 어쩌니 하는 순진무구 이단옆차기하는 소리를 하면 닭살과 짜증이 34.5%대 65.5% 비율로 마구 솟아난다. 오히려 민간에 의한 통제와 우민 정치, 상업화에 의한 의식마비의 극단을 달리는 사상최악의 사회 통치구조의 모범적 사례라는 입장에 더 가깝다. 계속해서 나의 이런 편향적인 스테레오타입을 강화시켜주는 증거들이 속속 드러나고 있지만, 이번 건은 혼자 보고 있기 아까울 정도다.
!@#… 원문은 밑에. 에에… 결론만 풀어쓰자면, 부모들이 검사 역할을 맡을 수 있는 법안이 캘리포니아에서 상정되고 있다는 거다. 즉 부모들이, 어떤 매체가 지들 생각하기에 미성년자에게 유해하고 또한 유통되고 있다고 생각된다면 연방법원에 고소할 수 있다는 것. 한국으로 번안해서 설명하자면, 검찰만 ‘천국의 신화’ 를 외설혐의로 고소하는 게 아니라, 지나가던 부모 누구라도 그 역할을 할 수 있다는 거다. 한국의 청소년 보호법은 저리가라할 정도로 극단적으로 포괄적인 표현/유통 검열 시스템이 생겨난다는 말이다. 수구 꼴통들이 사회정의로 받아들여지는 현재 미국의 메인스트림 상황에서, 과연 이 법안이 성공적으로 저지될 수 있을까?
!@#… 타산지석, 타산지석.
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http://www.cbldf.org/pr/archives/000181.shtml
May 18, 2004
New Censorship Bill Turns Parents into Prosecutors
On April 28, California Congressman Duncan Hunter (R) introduced legislation that could “turn parents into prosecuting attorneys fighting a wave of obscenity,” the representative told Family.org. H.B. 4239, also called the “Parents’ Empowerment Act,” would allow the parent or guardian of a minor to sue in federal court anyone who knowingly disseminates any media containing “material that is harmful to minors” if the material is distributed in a way that “a reasonable person can expect a substantial number of minors to be exposed to the material and the minor, as a result to exposure to the material, is likely to suffer personal or emotional injury or injury to mental or moral welfare.” The bill has been referred to the House Judiciary Committee.
On April 28, California Congressman Duncan Hunter (R) introduced legislation that could “turn parents into prosecuting attorneys fighting a wave of obscenity,” the representative told Family.org.H.B. 4239, also called the “Parents’ Empowerment Act,” would allow the parent or guardian of a minor to sue in federal court anyone who knowingly disseminates any media containing “material that is harmful to minors” if the material is distributed in a way that “a reasonable person can expect a substantial number of minors to be exposed to the material and the minor, as a result to exposure to the material, is likely to suffer personal or emotional injury or injury to mental or moral welfare.” The bill has been referred to the House Judiciary Committee.The bill allows compensatory damages starting at no less than $10,000 for any instance in which a minor is exposed to “harmful to minors” entertainment products. The bill also allows that punitive damages and reasonable fees may be awarded to the prevailing party at the discretion of the court. The bill also seeks to strengthen the current test courts utilize in determining what is obscene material by providing a separate definition of obscenity specifically for children. It is an affirmative defense to action under this bill if a parent or guardian of the minor owned the material.
On April 28, California Congressman Duncan Hunter (R) introduced legislation that could “turn parents into prosecuting attorneys fighting a wave of obscenity,” the representative told Family.org.H.B. 4239, also called the “Parents’ Empowerment Act,” would allow the parent or guardian of a minor to sue in federal court anyone who knowingly disseminates any media containing “material that is harmful to minors” if the material is distributed in a way that “a reasonable person can expect a substantial number of minors to be exposed to the material and the minor, as a result to exposure to the material, is likely to suffer personal or emotional injury or injury to mental or moral welfare.” The bill has been referred to the House Judiciary Committee.The bill allows compensatory damages starting at no less than $10,000 for any instance in which a minor is exposed to “harmful to minors” entertainment products. The bill also allows that punitive damages and reasonable fees may be awarded to the prevailing party at the discretion of the court. The bill also seeks to strengthen the current test courts utilize in determining what is obscene material by providing a separate definition of obscenity specifically for children. It is an affirmative defense to action under this bill if a parent or guardian of the minor owned the material.The bill is in its earliest stage, but if it passes, it will seriously threaten retailers, distributors, and publishers. Family.org talked to Hunter who said, “If the people who published (the material), published it in such a way that they could reasonably have expected children to access it, then the parents can receive an award of $10,000.”
“This bill is troubling on several levels,” explains CBLDF Director Charles Brownstein. “It appears to allow for civil actions against any, or every, member of the dissemination food chain, from the retailer to the distributor to the publisher, of work that an individual parent may object to. So any citizen, using their own sense of what is obscene or harmful to minors, can bring suit. Considering that comics still suffer the cultural and legal stigma of being perceived as a juvenile medium, this bill could become a dangerous weapon in the hands of an individual who walks into a comic book store and is shocked to find that comics offer much more than Archie and Superman.”
Hunter’s bill enjoys the support of several religious, family, and conservative legal groups including the Christian Coalition, the American Center for Law and Justice and the World Family Policy Center at Brigham Young University. Working closely with Media Coalition, the CBLDF will continue to monitor the progress of this bill.
The full text of the bill can be found here. You may also e-mail your representative or call the U.S. Capitol switchboard at 202-225-3121 to voice your concern about this bill to your representative.