Newsarama.com is covering the story that the US Supreme Court has decided not to hear the case of Jesus Castillo, a comic store manager who fell down the rabbit hole of Texas justice and found himself convicted of selling an adult comic book to–get this–an adult. The prosecutor managed to nullify unrefuted expert testimony as to the adult comic’s redeeming social value by winking at the jury, telling them that “Everyone knows comics are for kids,” and stating that the presence of such comics presented a hazard to local children. Granted, the comic store was across the street from a school. However, not only were the adult titles kept in a separate section away from younger readers, and not only are there adult bookstores within the same area, but the judge specifically told the jury the presence of a school could not enter into their deliberations. On the facts of law alone, there’s no way they could have found guilty. Yet they did, in no time flat.
The CBLDF knew that taking it to the USSC was a longshot at best, but sometimes you have to do everything you can.
A terrifyingly dangerous precedent has now been set. The Texas case essentially strips First Amendment protection from comics. There have been various instances in this country where titles as diverse as Spawn, Spider-Man and Elfquest have come under siege. None of those attacks ever went as far as this one. But with this law on the books, who knows how aggressive moralists can get in their pursuits to make sure that you won’t have the opportunity to buy whatever comics you want to buy.
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