Comments on: CPSC: No, we didn’t ask libraries to pull pre-1985 books

By: CPSIA: one for the books

CPSIA: one for the books — Thu, 26 Mar 2009 12:01:29 +0000

[…] Times also covered the book/library angle over the weekend, following earlier coverage by the Associated Press Mar. 17, and before that by the Fort Worth Star-Telegram, the Guardian (U.K.), Cincinnati Enquirer […]

By: BG

BG — Fri, 20 Mar 2009 04:21:42 +0000

These are the pre-1985 lead-laced books congress ate rather than read.
http://www.takelifeback.com/moltz/
http://freedom-school.com/money/how-an-economy-grows.pdf

By: Valerie Jacobsen

Valerie Jacobsen — Thu, 19 Mar 2009 14:01:15 +0000

CPSIA is content-neutral, and it does leave open the theoretical possibility (but not the market probability) of reprinting everything old and precious, but even so the government would has the burden of proving that the CPSIA regulation of children's books is narrowly tailored to serve a significant government interest in the least restrictive way. By all accounts, the CPSIA regulation of books was unanticipated; it was unintended and accidental. It would be a little tough--I think--to go from accidental infringement to significant government interest, especially given that children aren't being poisoned by old books. Any content-neutral restriction must pass all three of the following tests: [1] the restriction must be genuinely content-neutral (sometimes restrictions that seem to be content-neutral on their faces will restrict some kinds of content more than others) [2] the restriction must be narrowly tailored to serve a significant or important governmental interest in the least restrictive way [3] the restriction must leave open ample alternative channels of communication CPSIA might pass the first and third tests, but I wouldn't say that even this is certain. I don't believe that this regulation, born as it was of ignorance and negligence, could pass that second test. See Albert Krantz v City of Fort Smith for an example of how these tests were applied to one kind of content-neutral speech.

By: Sebastian (a lady)

Sebastian (a lady) — Thu, 19 Mar 2009 08:27:18 +0000

So, is there any basis for fighting the regulations’ application to books as a violation of the 1st Amendment? Or is that considered not applicable to the situation because the books could be reprinted in a non offensive format?

By: Holly Jahangiri

Holly Jahangiri — Thu, 19 Mar 2009 05:32:28 +0000

I’m going to go out on a limb, here. Books should be exempt, period. That’s ordinary books – no matter what they’re bound with (including coiled wire bindings) – not vinyl books, not gadgets and toys attached to books (except maybe for Pat the Bunny – I’d make an exception for Pat the Bunny, just because I’m a sentimental pushover and it should be grandfathered into my exemptions, I think). Seriously, the law should be about balancing the harm, and in my opinion as a mother (never mind what the heck I think as an author): The thought of older children’s books being destroyed for testing or to eliminate even the real risk that readers will come into brief contact with lead causes much MORE harm than that likely to be done by actual exposure to any book in any library or book store.

I don’t know why our lawmakers are being asinine about it, but that’s the word for what they’re being. It’s ludicrous.

By: Alan

Alan — Thu, 19 Mar 2009 03:05:17 +0000

Does anyoneknow of a single instance when somone has bee cited or fined under the provisions of this act.

It seems like enforcement ha been nil.

By: Vivian Zabel

Vivian Zabel — Wed, 18 Mar 2009 23:14:43 +0000

Shades of utter ridiculousness. This whole debacle is looking more and more like a 3 Stooges escapade. Ish. Only thing, there are more than three stooges involved in this mess.

And members of government wonder why people don’t trust them.

By: GR

GR — Wed, 18 Mar 2009 20:24:27 +0000

The AP article was paraphrased on my local TV news (WCBS) last night. Can’t find the story on their website, however.

By: CPSIA on the radio: “Kresta in the Afternoon”

CPSIA on the radio: “Kresta in the Afternoon” — Wed, 18 Mar 2009 19:49:11 +0000

[…] I’m a little freer now to do radio, and I suspect there may be more of it coming given the interest stirred by the AP’s new piece on […]

By: Happymom4

Happymom4 — Wed, 18 Mar 2009 18:57:21 +0000

When will this circus end?! I want off–“destructive testing” of vintage books makes my heart WEEP! How can they be sure they aren’t destroying one or two of the last known volumes of that particular title?!