Déjà Lu: The Case for Grisly Fun for the Immature

Posted by Terry Francke, General Counsel | Jun 30, 2011 | Legal Issue: Freedom of Speech, Legal Issue: Freedom of the Press | 0 |

Fifty-seven years ago, when the Justices of the U.S. Supreme Court were an average of 8.5 years old, a U.S. Senate Committee was holding hearings on the perceived connection between juvenile delinquency and the fascination of immature minds with vivid enactments of murder, torture and ghoulish mayhem in the most popular youth entertainment of the day—comic books. Those who pandered to this adolescent obsession with the morbid—the publishers—went to the Capitol to testify. Among the most fervent, William M. Gaines—later the publisher of Mad magazine—insisted à la Mayor Jimmy Walker that no kid had ever been ruined by a comic book. Gaines’s comments—and the skeptical responses of some committee members—sound quite familiar in the aftermath of the high court’s recent decision in Brown v. Entertainment Merchants Association.

About The Editor

Terry Francke, General Counsel

Terry Francke has a 39-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.

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