The books at issue here are not obscene by any stretch of the imagination. And the Virginia statute that has enabled these proceedings is unconstitutional. Under the statute, the court has the authority to temporarily block all sale and distribution of the books anywhere in Virginia upon a mere finding of “probable obscenity.” And, if the court ultimately determines that the books are indeed obscene, anyone who sells or even lends the books in Virginia could face criminal prosecution, regardless of whether they had prior knowledge of the obscenity proceedings. This would impact all independent bookstores and other distributors in the state of Virginia, even if they have no knowledge that a book has been so much as challenged. Read more
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