I got this in the mail today from the CBLDF ( Comic Book Legal Defense Fund ). As you read it you'll understand why I don't publish adult comics in print. People and laws in this country are fucking nuts to say the least. Soon they'll be coming for YOU.
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ITEM! CBLDF Takes Action in GA Case; Files Four Motions to Dismiss
Counsel for the Comic Book Legal Defense Fund have submitted four
motions to dismiss the charges against retailer Gordon Lee, owner of
Legends in Rome, GA. Last February, the Fund initiated Lee's
defense against charges resulting from accidentally distributing
Alternative Comics #2, a Free Comic Book Day book from 2004, to a
minor. The anthology includes the story "The Salon" by Nick
Bertozzi, which contains a segment depicting Picasso in the nude. The
Fund has already spent in excess of $20,000 defending this case.
Lee was charged with seven criminal counts for allegedly violating two
laws. He was charged with two counts of violating the felony of
Distribution of Material Depicting Nudity or Sexual Conduct (OCGA
§16-12-81), a law that bans the unsolicited delivery of any content
depicting nudity to any person in the state of Georgia and carries a
penalty of one to three years in prison and/or fines of up to $10,000.
One of the two counts is for handing the comic to the alleged victim,
and the other is for handing the comic to an alleged John or Jane Doe.
Lee is also charged with five counts of violating the misdemeanor of
Distribution of Material Harmful to Minors (OCGA §16-12-103). He
is charged with three discrete counts of violating the law for handing
a single copy of the comic book to the alleged victim. He is also
charged with two counts for allegedly giving the comics to John or
Jane Doe.
The motions, written by Alan Begner and Paul Cadle, CBLDF's
counsel on this case, were filed on May 2. The first motion seeks to
dismiss the John Doe counts. The second seeks to dismiss both felony
counts under the rule of lenity, which requires that when a defendant
is charged with a felony and a misdemeanor for the same conduct, the
lesser penalty must apply. The third motion seeks to dismiss the
felony counts on the grounds that Georgia's Distribution of
Material Depicting Nudity or Sexual Conduct is unconstitutional on its
face and as applied. The fourth motion seeks to dismiss the
misdemeanor counts of Distribution of Material Harmful to Minors on
the grounds that the law is unconstitutional on its face and as
applied to this case.
CBLDF Executive Director Charles Brownstein says, "Mr. Begner and
Mr. Cadle have presented some very persuasive legal arguments in these
motions. There's no question that Gordon Lee's First
Amendment rights are being trampled upon, and so we're pleased to
have brought such an intelligent and aggressive legal team in to
defend him. We are all very optimistic that these motions will carry
significant weight as we move through the pretrial stage of this
case."
Hearings on these motions have yet to be scheduled, but are expected
to occur in the summer.
To support the Comic Book Legal Defense Fund's defense of this
case, please visit http://www.cbldf.org for information on membership
and donations.
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ITEM! CBLDF Takes Action in GA Case; Files Four Motions to Dismiss
Counsel for the Comic Book Legal Defense Fund have submitted four
motions to dismiss the charges against retailer Gordon Lee, owner of
Legends in Rome, GA. Last February, the Fund initiated Lee's
defense against charges resulting from accidentally distributing
Alternative Comics #2, a Free Comic Book Day book from 2004, to a
minor. The anthology includes the story "The Salon" by Nick
Bertozzi, which contains a segment depicting Picasso in the nude. The
Fund has already spent in excess of $20,000 defending this case.
Lee was charged with seven criminal counts for allegedly violating two
laws. He was charged with two counts of violating the felony of
Distribution of Material Depicting Nudity or Sexual Conduct (OCGA
§16-12-81), a law that bans the unsolicited delivery of any content
depicting nudity to any person in the state of Georgia and carries a
penalty of one to three years in prison and/or fines of up to $10,000.
One of the two counts is for handing the comic to the alleged victim,
and the other is for handing the comic to an alleged John or Jane Doe.
Lee is also charged with five counts of violating the misdemeanor of
Distribution of Material Harmful to Minors (OCGA §16-12-103). He
is charged with three discrete counts of violating the law for handing
a single copy of the comic book to the alleged victim. He is also
charged with two counts for allegedly giving the comics to John or
Jane Doe.
The motions, written by Alan Begner and Paul Cadle, CBLDF's
counsel on this case, were filed on May 2. The first motion seeks to
dismiss the John Doe counts. The second seeks to dismiss both felony
counts under the rule of lenity, which requires that when a defendant
is charged with a felony and a misdemeanor for the same conduct, the
lesser penalty must apply. The third motion seeks to dismiss the
felony counts on the grounds that Georgia's Distribution of
Material Depicting Nudity or Sexual Conduct is unconstitutional on its
face and as applied. The fourth motion seeks to dismiss the
misdemeanor counts of Distribution of Material Harmful to Minors on
the grounds that the law is unconstitutional on its face and as
applied to this case.
CBLDF Executive Director Charles Brownstein says, "Mr. Begner and
Mr. Cadle have presented some very persuasive legal arguments in these
motions. There's no question that Gordon Lee's First
Amendment rights are being trampled upon, and so we're pleased to
have brought such an intelligent and aggressive legal team in to
defend him. We are all very optimistic that these motions will carry
significant weight as we move through the pretrial stage of this
case."
Hearings on these motions have yet to be scheduled, but are expected
to occur in the summer.
To support the Comic Book Legal Defense Fund's defense of this
case, please visit http://www.cbldf.org for information on membership
and donations.
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