The Comic Book Legal Defense Fund, in a unanimous decision by the board, will endeavor to take the case of Jesus Castillo to the Supreme Court.
For those just joining us, Castillo is a store manager in a comic book store in Texas. He was convicted of obscenity charges for selling an adult comic book to–get this–an adult. During the trial, the CBLDF brought in expert witnesses who testified that the material in question (a manga clearly labeled as “Adults only” and kept in a separate adults-only section of the store) had artistic merit and did not satisfy the Miller test of obscenity. The DA offered no rebuttal witnesses. Instead she argued to the jury that comics are really intended for kids, and on that basis posed a threat to the youth of Texas (despite community standards tolerating a variety of adults-only stores operating mere blocks away from the comic store, with material far more explicit than the manga in question.) Incredibly, the jury bought the argument and convicted Castillo.
A split decision from a higher court refused to overturn the conviction. This decision, if allowed to stand, could have a chilling effect on any comic featuring any content not explicitly kiddie safe. The CBLDF’s only option at this point is to attempt to get a writ of certiorari to the Supreme Court. We intend to do so.
The expense will be considerable and the odds may be long. For further information to learn how you can contribute to the fight against the erosion of your right to buy whatever comics you wish to buy, check out the CBLDF website at http://www.cbldf.org.
An official press release will be forthcoming.
PAD
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“Zeig Heil!” as the puritanical Nazis again assault the rights of adults to read what ever the hëll they want.
I’m so sick of these people, amazing how more people can’t see or understand just how eveil and un-american these idiots and their claims are.
Thank goodness. I hope this makes it all the way. FIGHT ON!
Please keep up the fight! As a former customer of the shop he managed, I can tell you this could not be happening to a nicer guy. While the entire case ridiculous, seeing Jesus in this situation just makes it that much worse.
I just posted a link from the Newsarama story over on Tony Isabella’s Board.
As I said there, the Castillo case makes me angry (not Ang Lee) every time I read about it.
I’m glad I bought my wife a CBLDF membership for our anniversary last week.
-Joe
It’s not been a very good week for you and the law, has it? 🙁
Already tossed in my $25 contribution. This one is far too obvious is its stupidity for there to be any doubt about it. I’d hate to see this guy get ruined for something this stupid.
-Augie
This case still blows me away.
You’d think that it being marked “For Adults Only” would’ve cut the case short… *shrug*
Here’s another great case of stupidity from the censors.
http://forums.toonzone.net/showthread.php?s=&threadid=54594
As Peter would recall, I’ve been in similar straights. As hindsight is 20/20, I’ve several suggestions to aid the CBLDF.
They may need to contact the American Civil Liberties Union. Yes, I know it is expensive, but a countersuit could be available to the store owner depending on a wide variety of factors.
Then, there is always one (not so) obvious act to think of. The United States Customs Authority allowed the product within the United States borders (in one format or another). If they didn’t find anything obscene with the material(s) in question, where does some state official or civilian come off thinking he is above the United States Government and the First Constitution. (Unless his name is Bill Gates, but I digress…)
Personally, every time I go by the CBLDF set up at any convention, I always purchase something from there. My “censorship sucks” t-shirt now needs replacing, so that’s next on my list to purchase.
Sadly, the shop owner wasn’t arrested for selling a Hustler comic mag (from years ago), I would think the Texas courts would shudder to have Flynt appear as an “expert witness.” Then again, the shop owner could adopt some his court room antics… appear in an adult diaper… etc.. at least it would be entertaining.
Personally, I would have acted similar to Larry Flynt if I was aware of Flynt’s courtroom antics during the time I was dealing with a similar situation. I was so disgusted, I had considered burning the Flag at the court’s doorsteps because I personally felt my Constitutional Rights were non-existant. (And the news exposure from around the state would have helped these local hicks to stand up and take notice).
The thing that I don’t get is, if the comic in question wasn’t subjected to the Miller Test, then it couldn’t have been declared legally “obscene.” If the comic isn’t legally “obscene”, how *could* the guy be guilty of “displaying obscene material?”
And how could the appellate court just reject the appeal (via postcard) without comment?
Is this what they mean by “Texas Justice?”
Well, I guess it’s time to reup my CBLDF membership.
This story doesn’t go away, and never fails to fill me with utter revulsion for Texas.
So we’ve got Florida who can’t run a political election, and Texas who can’t run a legal system.
Which Gulf Coast state is going to screw things up next?
And the PTA woman could be the next Mayor of Dallas? OH MY GAWD!!
Guess that proves the cream doesn’t rise to the top.
I never really thought of Texas, or any major community or state, being labeled Rednecks and actually almost believeing it.
This is outright stupidity on all that community’s part. Their just using comics as a scape goat – like in the 50s with “The Seduction of the Innocent” book.
I can only hope that if this case spawns more cases like this around the country, then hopefully more and more Rights to Free Speech ognizations will be jumping on the backs of the legal system, clubbing it in the head until the evil spirits are released
Just kidding, not really. Just wanted to point out that using the legal system like this, to beat the person in court until they can’t defend themselve’s (As in, out of cash), is really like a throw back to the middle ages.
Someone really needs to point this out to Molly Ivins, the notorious Texan columnist. This is the sort of thing she loves to point out in her columns.
Hmmm…and it just so happens I have her email address…
JSM
As others have pointed out, without the application of the Miller test technically the material CAN’T be found obscene. That is, well, the point of the test, and for the Texas appellate court to uphold Castillo’s conviction is simply willful ignorance on their part.
I’m not going to join in the Texas-bashing necessarily, but this is, you have to admit, just the latest in a long string of incidents that really paint them in a less-than-positive light. Wall-to-wall executions are one thing, whether you like them or not they at least follow process, but in this case process was willfully ignored.
Right-leaning or not, I can’t see the USSC ignoring that – the Miller Test has been law for, what, 50 years?
This may be the one that finally does drive me out of this country, I’m sorry to say.
JLK
Folks, I’m living here in Austin, Texas. I love Austin, Texas. In fact, there’s a lot I love about Texas in general.
So it really pìššëš me off that some of the narrow-minded folks in Dallas have decided to make everyone living here look like complete jáçkáššëš.
For what it’s worth, the judge who tried this case (and bought the “it’s for kids, no matter what any sort of logic says” attack by the prosecutor) is a local nutball in Dallas anyway… just bad luck that he was pulled for the trial.
Think of it this way… the good news is that I can’t imagine *any* sort of appeal not working. I mean, this type of application of the law is completely nonsensical. Surely someone will see that. Right? Someone? Anyone? Dear God, please back me up here!
As a customer and former part-time employee of the store in question, I’m sickened that this is all still going on.
While I’ve never claimed to be a “Texan” (I’m what the “native Texans” oh-so-lovingly refer to as a “transplant”), I do have to step in on the general population’s behalf.
Given the origins of the charges against Jesus, I can’t shake the feeling that there’s some wrangling of favors on the prosecution’s end–shortly before Jesus’ arrest, a woman vowed to sic a purported friend on the city council on the store. And why? Because she was outraged at the store’s prices on single secondary-market Pokemon cards and imported Japanese packs of the cards, at the height of the game’s popularity. I’m sure it also didn’t help that the store’s location at the time (since bulldozed for a Walgreen’s drug store) was right across the street from a school…per reports from store personnel, the prosecutor got a lot of mileage out of that. (Never mind, as PAD stated, that just a mile or two down the road sits a string of adult book/video stores.)
My wife and I send all our hopes Jesus’ way.
I worked with Jesus at the comics store in question for about two and a half years while I was in college. A couple things of thoughts:
First off, there are some truly wonderful things in Texas. None of them, as far as I was able to see during my four years there, are available in Dallas. I’d like to back up Mr. Lander on the “nutballs in Dallas” sentiment.
Second, although the points of law are indeed ludicrous in this case (the merits of the case are… oh, nonexistent), it will not surprise me, given the current make-up of our High Court, if they refuse to hear it. And Our Beloved Leader looks poised, after the latest elections, to stack it with even more “constructionist” legal minds. Sometimes I despair.
Third, as has been noted here and elsewhere on the web, Jesus is a great guy. If there was ever a person (and, for that matter, a business) that did not deserve this kind of treatement, it can be found here.
All my hopes are with Jesus on this one. Not only on the merits of the case, but because if it had happened a few years earlier, it very well could have been me.