Wednesday, August 13, 2003

Outrage

I hadn't heard of this case before, but it pisses me off as much as just about anything has lately. Jim Henley provides the short version:

The story: Jesus Castillo worked in a Texas comic book store. He was busted for selling an erotic comic to an undercover officer. These facts have not been disputed: Castillo is an adult. The cop was an adult. The comic was displayed in a separate Adults Only section of the store. The cop was under no compulsion from Castillo to acquire that particular comic. (An excellent, appropriately disgusted recap, comes from Franklin Harris' Pulp Culture column. I cannot recommend this article highly enough.)

The Comic Book Legal Defense Fund provided expert witnesses to attest to the artistic and literary qualities of the comic in question. The DA told the jury that none of that mattered, because comic books have "always" been for children and the "adult" comic was therefore obscene by definition. The jury bought the argument and convicted, the trial judge let it stand and, last week, the US Supreme Court declined to review the case.