Skip to main content

It’s 2022 and Two Books Are on Trial for ‘Obscenity’


Two books are currently on trial in Virginia for obscenity.

In 2022, that sentence should be shocking. Nearly 50 years ago, the Supreme Court set the high constitutional bar that defines obscenity — a narrow, well-defined category of unprotected speech that excludes any work with serious literary, artistic, political, or scientific value. Since then, few if any books have been deemed obscene. And the standards for restraining a bookseller or library’s ability to distribute a book are even more stringent.

Yet, last month, a Virginia resident initiated obscenity proceedings against two acclaimed books: Gender Queer, a Memoir, by Maia Kobabe, an autobiographical graphic novel that depicts the author’s experience as a non-binary and asexual person; and A Court of Mist and Fury, by Sarah J. Maas, a fantasy novel. The obscenity proceedings come amid a nationwide rise in efforts to restrict people’s access to books, and our ability to read, learn, and think for ourselves — but they could be the first to result in a statewide ban on publication or distribution.

Last week, several independent bookstores and a number of national organizations representing book distributors, authors, and libraries filed joint motions urging a Virginia court to dismiss these obscenity proceedings. We represent these distributors alongside the ACLU of Virginia and Michael Bamberger of Dentons, arguing that the case threatens the rights of both young and adult readers — and the First Amendment rights of our clients, as well as other booksellers, distributors, and publishers, to provide access to such materials.

The books at issue here are not obscene by any stretch of the imagination. And the Virginia statute that has enabled these proceedings is unconstitutional.

Under the statute, the court has the authority to temporarily block all sale and distribution of the books anywhere in Virginia upon a mere finding of “probable obscenity.” And, if the court ultimately determines that the books are indeed obscene, anyone who sells or even lends the books in Virginia could face criminal prosecution, regardless of whether they had prior knowledge of the obscenity proceedings. This would impact all independent bookstores and other distributors in the state of Virginia, even if they have no knowledge that a book has been so much as challenged. And it means a court can restrain the distribution of books that are not legally obscene — or, in other words, fully protected speech.

Furthermore, after entry of a temporary restraining order or a final adjudication of a book’s obscenity, the government can presume that anyone who sells, lends, or otherwise distributes the book in Virginia knows it is obscene. In essence, it creates a strict liability regime for selling or lending books that could impact incredibly broad swaths of people, from booksellers to parents to teachers and others.

Finally, because Virginia applies local rather than statewide community standards to determine obscenity, the law could unconstitutionally allow a ban against the circulation of a book that doesn’t even qualify as obscene in the relevant community.

For these reasons, our clients have asked the court to dismiss both proceedings. Any other result would be obscene.

What you can do:
Defend Every Student's Right to Learn
Take the Pledge

Comments

Popular posts from this blog

New video by T-Series on YouTube

THE PUNJAABBAN SONG (Teaser) JugJugg Jeeyo | Varun Kiara Anil Neetu | Gippy Zahrah Tanishk Romy Presenting teaser of the song #ThePunjaabbanSong from movie #JugJuggJeeyo starring Varun Dhawan, Kiara Advani, Anil Kapoor, Neetu Kapoor, Maniesh Paul & Prajakta Koli. Viacom18 Studios & Dharma Productions present A Dharma Productions Film JUGJUGG JEEYO Starring Varun Dhawan, Kiara Advani, Anil Kapoor, Neetu Kapoor, Maniesh Paul & Prajakta Koli Directed by Raj Mehta Produced by Hiroo Yash Johar, Karan Johar, Apoorva Mehta Story by Anurag Singh Screenplay and Dialogues by Rishhabh Sharrma Screenplay by Anurag Singh & Sumit Bhateja In cinemas 24th June, 2022. Song CREDITS Song Name: THE PUNJAABBAN SONG Singers: Gippy Grewal, Zahrah S Khan, Tanishk Bagchi & Romy Music - Tanishk Bagchi Programmed and Arranged - Tanishk Bagchi Lyrics - Tanishk Bagchi Music Label: T-Series Original Song Credits Nach Punjaban By Abrar Ul Haq from the album Nach Punjaban Courtesy of Moviebox (Bi...

85 साल की शांताबाई पवार का कमाल देख हर कोई हैरान, 'लाठी-काठी' का करतीं हैं शानदार प्रदर्शन

पुणे में इन दिनों एक 85 साल की बुजुर्ग महिला खूब चर्चा में हैं। ये सड़कों पर 'लाठी-काठी' का प्रदर्शन करती हैं। बुजुर्ग महिला का ये कमाल देखकर हर कोई हैरान है। आप भी देखिए। from Latest And Breaking Hindi News Headlines, News In Hindi | अमर उजाला हिंदी न्यूज़ | - Amar Ujala https://ift.tt/3jAPGwr via IFTTT

New video by T-Series on YouTube

Aila Re Aillaa - Sooryavanshi |Akshay Kumar, Ajay Devgn, Ranveer Singh| Check Description| #YTShorts Check out full video here: https://youtu.be/CDmPmzi8eYc Presenting the first song "Aila Re Aillaa " from the most awaited movie of the year "Sooryavanshi". The movie is starring Akshay Kumar, Ajay Devgn, Ranveer Singh, and Katrina Kaif in the lead role. ♪Stream the Full Song Here♪ JioSaavn: https://bit.ly/AilaReAillaa-Sooryavanshi-JioSaavn Spotify: https://bit.ly/AilaReAillaa-Sooryavanshi-Spotify Hungama: https://bit.ly/AilaReAillaa-Sooryavanshi-Hungama Gaana: https://bit.ly/AilaReAillaa-Sooryavanshi-Gaana Apple Music: https://bit.ly/AilaReAillaa-Sooryavanshi-AppleMusic Amazon Prime Music: https://bit.ly/AilaReAillaa-Sooryavanshi-AmazonPrimeMusic Wynk: https://bit.ly/AilaReAillaa-Sooryavanshi-Wynk Resso: https://bit.ly/AilaReAillaa-Sooryavanshi-Resso iTunes: https://bit.ly/AilaReAillaa-Sooryavanshi-iTunes YouTube Music: https://bit.ly/AilaReAillaa-Sooryavanshi-YouTu...