The American Booksellers for Free Expression (ABFE) — ABA’s free expression initiative — issued a comment in response to a Virginia judge’s tentative opinion that the books Gender Queer and A Court of Mist and Fury were “obscene for unrestricted viewing by minors.” The judge ordered the authors and publishers of the books to present more evidence so that she can make a final decision regarding whether the books may be sold or possessed in Virginia, by either minors or adults. The case was initiated under a state law by two Republican politicians, including a candidate for Congress, that allows any Virginia citizen to file a complaint against any book sold in the state. The petitioners have also asked for a preliminary injunction against Barnes & Noble and other booksellers to prevent sales of the books. Importantly for Virginia booksellers, if the judge does issue a temporary restraining order, Virginia booksellers won’t be able to obtain copies of the books from the publishers and authors. And if the court finds the books to be obscene (or obscene for minors), they’ll also be at risk of criminal prosecution if they decide to sell them. ABFE also joined with a number of free speech groups in condemning the civil action by the two politicians.
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