Let’s say you own a comic store. That means you stock comics. And you probably notice that a goodly number of your customers are, in fact, in their late teens,…
Let’s say you own a comic store.
That means you stock comics. And you probably notice that a goodly number of your customers are, in fact, in their late teens, and even in their 20s, 30s, even (ahem) 40s.
Now, you could stock just Archie comics, or the standard super-hero fare from the big names. But there’s a market for more than that.
So you stock some comics that are for mature audiences. Indeed, they come with a big label on them that says, “Adults Only.” That’s because they’re (well, some of them, at least) full of sex and/or violence beyond what you (and the publishers and the community) feel is proper to sell to kids.
So you have these Adults Only comics. You don’t want to put them up on a rack that children pick up comics from to browse. So you put together an “18-and-Up” rack in the back of the store, where you can watch it. And really hardcore stuff you keep in a box behind the counter.
And if someone who looks young wants to buy one of these comics, you card them. Only makes sense, right?
An adult comes in, and buys one of these Adult Only comics, well, that’s no problem. Because, after all, it’s an adult, buying an adult comic, no different from picking up a copy of Penthouse at the local 7-11. No sweat, right?
Wrong.
In the case of Texas v. Castillo, Jesus Castillo was found guilty of “display of obscenity” in selling a copy of Demon Beast Invasion #2 to an adult undercover officer at a comic book store in Dallas. He was sentenced to 180 days in jail, a year’s probation, and a $4,000 fine.
During the trial, the various precautions that were made to keep the material out of the hands of children were dismissed by the prosecution. The expert testimony as to the artistic merit of the comic in question was dismissed. The “Miller Test” of whether the material was legally considered obscene was never used.
Instead, the prosecutor simply said that the comic book store was near an elementary school (as are a number of adult bookstores), but, more importantly, that comics were for kids, therefore this guy was peddling smut to youngsters. As he said in the closing argument:
And, again, why are we here? … This medium, the medium that this obscenity is placed in is done so in an appealing manner to children. Comic books, and I don’t care what type of evidence or what type of testimony is out there, use your rationality, use your common sense. Comic books, traditionally what we think of, are for kids. This is in a store directly across from an elementary school and it is put in a medium, in a forum, to directly appeal to kids. That is why we are here, ladies and gentlemen. I want to re-emphasize that the fact that all this smut is out there, does not mean it’s acceptable and is decent by our community. We’re here to get this off the shelf.
Castillo’s defense was paid for by the Comic Book Legal Defense Fund (CBLDF). The CBLDF also paid for the two appeals thus far, which have been denied. And now they’re taking it to the Supreme Court.
Frankly, I really don’t care for the sort of manga that Demon Beast Invasion represents. But, y’know what? That’s my choice. And I don’t want anyone telling me that I can’t read something because the medium I want to read it in is solely for the use of children. Especially when that’s such an absurd assertion.
If a prosecutor can get such material effectively banned by merely waving his hand and saying “kids shouldn’t read this,” what’s next?
I’m a paid (and, dare I say it, card-carrying) member of the CBLDF. This particular legal fight will probably cost more than $50k. I plan on making an additional donation. I hope you’ll consider joining or donating, too.
These pieces of art by Jack Kirby for a Lord of Light (Zelazny) film project look nothing like what I’d have envisioned for the book, but they’re 
Hrm. 
Here’s a fun effort — 
Let’s say you own a comic store.