Sunday, September 04, 2022

Won Another One.

Every victory we can get we need. This victory was in court where a trans book was banned, the court just said nope. That it is not obscene.

Gender Queer Graphic Novel Ban Dismissed as Unconstitutional in Virginia
A Virginia judge has dismissed the lawsuit that attempted to have Maia Kobabe's graphic novel memoir, Gender Queer, banned as "obscene"
CBR.com
By Brian Cronin
September 1, 2022


A Virginia district judge dismissed an obscenity lawsuit filed in that state against Maia Kobabe and Oni-Lion Forge using a Virginia law that went into effect earlier this year that could have had Kobabe's acclaimed graphic novel memoir, Gender Queer, ruled "obscene" and banned from sale in the state. The judge determined that the new law violated not only the First Amendment of the United States Constitution, but also the Constitution of Virginia itself.

[…]

Baskervill determined that the law was over-broad and confusing and could cause “prior restraint,” which is judicial suppression of material that would be published, on the grounds that it is harmful. The courts take a very hard line when it comes to prior restraint, as it obviously has a negative effect on freedom of speech, and Baskervill felt that this law did, indeed, violate the First Amendment's freedom of speech protections. She found the law invalid on its face and noted, “It is not the court’s place to legislate."

This case will likely be appealed, and it is possible that the Virginia General Assembly will now revisit the law in question. Eden Heilman, legal director for the ACLU of Virginia, noted, “We are very pleased with the ruling today,”

The book banners goes down in flames. You know that for these “Holier-than-Thou” right-wing conservatives anything about LGBTQ+ is obscene and they want to force their warped beliefs on all us.

Hopefully we will see more victories like this in the future to stop this madness!

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