Last semester the ACLU of IL took out space for our chapter to have a "free speech" corner in our school newspaper.

I wrote a tiny piece about why I would let my children read porn.

Not kidding

I am a die hard comic book fan. Growing up in a cop family--well justice is always been a part of my life. (kinda makes sense why I am such a fan of the Daredevil comic).

Anyway, in the comic book industry, there is a organization called the Comic Book Legal Defense Fund. ( go to their website: http://cbldf.org/). While comic books may be in their title, they are a huge supporter of any and all 1st ammendment right issues.

So much so, they spent over 4 years and $100,000K fighting what has become infamous in the industry as "The Gordon Lee Case". (for the nitty gritty details go here: http://www.cbldf.org/articles/archives/000318.shtml)

Gordon Lee is a comic book store owner in Rome Georgia.  Halloween of 2004, instead of handing out candy, he and his employees handed out comic books left over from "Free Comic Book Day" earlier that year.

Out of thousands of copies handed out, one slipped past them into the hands of a minor. This book was not labeled in anyway that it was not for children. The book in question was called "alternative comics 2" and depicted a snippet from another (longer) book called "The Salon". The snippet included the following:

1. A woman naked underneath a robe who (barely) references the act of a fellatino to a male character as they walk down the hallway.

2. A historically accurate depiction of Pablo Picasso painting in the nude.

3. Said naked Picasso hugging the man from earlier.

4. Said naked Picasso referencing to a sexual act not depicted anywhere in the book.

When the parents complained, Lee automatically apologized. Even was willing to print a public aplogogy.

But guess what the parents did? Yep they sued. Underneath GA law, this simple act of handing an "obscene" comic book to a minor is considered a felony offense underneath the statues of obscene material distribution.

Yes. A felony. Along with that, because its a felony dealing with sex and minors, Lee would have to be registered as a sex offender.

Many delays later (including, the night before going to trial in April of 2004, the DA changing the story of what really happened with the minor for the 3rd time), Lee finally was to have his day in court.

In March of 2008.

                                           Wait...it gets better.

Meanwhile, a similar case was bought against Gordon Lee, but was dismissed as the material was not sold to a minor. That case caused the Police to sieze a majority of his store stock, never to be returned until Lee sued for the "evidence" to be returned. Lee was still in suit with the department when they were due in court in March of 2008.

In pre-trial conference, both the DA and the Defense agreed not to bring up this case as it has no baring on the one that was currently being tried.  

Moments later, the DA is giving her opening statements to the jury and references said case.

An objection was called.

The Judge declared mis-trial. Which means.... Lee could still be tried again.

Lee's defense asked for the case to be thrown out of court due to prosecution misconduct months before this. They filed it again. In December. Now I know there is a bunch o' holidays, and as Matt Murdock has said "The wheels of justice turn so slowly".....but it wasn't until...APRIL OF 2008 that the DA decided to drop all charges if Gordon will issue an apology to said family.

Which he gladly did.

There is a ton of problems with this case. First, whatever happened to due process? Secondly, IT'S A #*(&^#&^%(#&^)(&TWE* comic book!?!?!?! it was an accident! It happens!

More importantly, the obscenity laws are extremely vague. Both in GA and IL, material is deemed as obscene "by community standards". Much like in the article I wrote for our column, community standards vary greatly from one person to the next. What may be obscene to one in the south, won't in the northern states. What may be obscene in Texas, won't be seen as obscene in New York.

This is why I will let my children read porn, violent comic books etc. I believe my children should be raised like I was- let them watch and play what they want. But as a parent be there to explain why some people don't like what they are doing, why you shouldn't kill people with guns etc.

I find the DA of GA and the parents to be obscene, not the comic.

Stay tuned for part 2 of my legal rants.

Tessana