Thu, Aug 21, 2008

Tucson Region

Senators kill bill to let victims sue video producers

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 04.08.2008
PHOENIX — State senators killed legislation on Monday that would have opened the door for crime victims to sue the producers of books, movies, music and video games that could be seen encouraging sexual violence or other crimes.
Lawmakers were concerned the proposal would infringe on the First Amendment rights of producers of more mainstream items.
The 4-2 vote by the Senate Judiciary Committee to kill HB 2660 came after lawmakers said the measure does not draw a sharp enough line between what would subject someone to civil suit and what would be protected.
Chandler attorney Keith Perkins said the line between what would be protected and what would not might have to be sorted out in court, which could be an expensive legal fight for defendants.
Despite Monday's vote, Rep. Warde Nichols, R-Gilbert, said he still believes it was a victory. He said it is necessary for lawmakers to debate, and eventually alter, the line between the First Amendment right of people to write, film and record what they want and the rights of crime victims to sue those who may be at least partly responsible.
The proposal was written by Perkins, who runs the Never Again Foundation, which represents rape victims in civil lawsuits.
Perkins said under existing law, victims can sue their attackers. But the chances of collecting from people without money are minimal.
Current law does allow lawsuits against anyone else who might share responsibility. But juries weigh the relative responsibility and award damages accordingly.
HB 2660 would have let victims collect 100 percent of their damages from anyone who produces materials the author, publisher or distributor knew would create a substantial risk that someone seeing them would encouraged to commit a crime or act of terrorism, regardless of how minimal the link between the materials and the crime.
Nichols read lawmakers' descriptions of videos available on the Internet that are advertised as showing acts of actual rape. He said these items are designed to incite people to go out and try to duplicate those scenes.
Even if distributing those materials is legal, he said, those involved should not be shielded from lawsuits to pay for all of the damages suffered by crime victims.
But Sen. Ron Gould, R-Lake Havasu City, cited "The Turner Diaries," a 1978 novel by a white supremacist about an Aryan revolution. A key segment includes blowing up an FBI building with a homemade bomb.
Timothy McVeigh, convicted of the 1995 bombing of a federal building in Oklahoma City, had clippings from the novel when he was arrested. Gould questioned whether HB 2660 could be used by victims of that bombing to go after the author of a novel.
Nichols said he did not believe those involved in producing and distributing that book could be held responsible.
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