News

June 12, 2000

Trouble In Texas: Case Update

(Reprinted from the May 2000 issue of Busted!)
As we recently reported (see Trouble in Texas), the state of Texas has seen a surprising spate of comics censorship recently. One incident involves a retail clerk who sold an adult comic to an undercover cop back in September and was indicted for obscenity early this year. A second indictment has since been issued to that same clerk, this time for an adult comic sold to a member of the Parents-Teachers Association for a nearby school. Of course, the PTA member and the police officer are both adults, and the arresting officer notes that the comics were segregated in an enclosed "Adults Only" section of the store. Nevertheless, the state contends that these comics are so utterly without merit that they are not even safe for adults to read. The retailer has been charged with two counts of obscenity, which carry a maximum penalty of five years in jail and a $10,000 fine for each count.

Both comics involved are adaptations of Legend of the Overfiend, a Japanese anime series that has sold over 14 million copies worldwide. In the United States, Overfiend videotapes and comics carry the advisory warning "Absolutely Not For Children" and we could not agree more; it is a sci-fi series designed for adults, containing many violent and sexually explicit scenes. Recognized as a classic of the genre, Overfiend is both admired and reviled around the globe as an exemplar of themes prevalent throughout much hentai (i.e., adult) anime and manga. And just as Pokémon and Dragonball Z are at the head of a pop culture tidal wave engulfing America's youth, Overfiend has spearheaded the growing popularity of hentai among adults. Like it or not, adults like their cartoons too, and Overfiend is an extremely popular franchise with a global fan base.

The retailer formally applied for CBLDF support, and in March the CBLDF's Board of Directors voted to indemnify him for all legal fees stemming from the case. The retailer has asked that the Fund keep his and his store's names confidential, at least while there is hope that common sense will prevail.

The first round of hearings were held at the end of May. The retailer's lawyer put forth a motion to dismiss the charges, but this was ultimately denied by the judge. The prosecution, acting under pressure from members of the city council and a local citizens group, were also not amenable to suggestions that the charges be reduced. At this point, it seems likely that the case may indeed go all the way to trial.

Whatever the outcome, you can be sure to follow events here and in the pages of Busted!, the CBLDF's free quarterly newsletter.

The Comic Book Legal Defense Fund was founded in 1986 as a 501 (c) 3 non-profit organization dedicated to the preservation of First Amendment rights for members of the comics community. Donations and inquiries should be directed to the Comic Book Legal Defense Fund.

For additional information, call 413-268-7776 or e-mail the CBLDF staff.

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