Man Who Got Busted for Selling Hentai in Texas Loses Appeal.

[Gil Hamilton]

http://www.cbldf.org/pr/archives/000146.shtml

Supreme Court Denies Castillo Appeal

The Comic Book Legal Defense Fund has learned that the U.S. Supreme Court denied Jesus Castillo’s petition for writ of certiorari, bringing his three-year quest for justice to a close. Castillo is presently serving a period of unsupervised probation.

The CBLDF has been providing counsel for Castillo since his arrest in 2000 when he was charged with two counts of obscenity for selling adult comic books to adults. The Fund’s lawyers persuaded the court to try the two counts separately and waged a fierce courtroom battle that included expert testimony from Scott McCloud and Professor Susan Napier. The State prosecutor did not offer contradictory testimony, but secured a guilty verdict with a closing argument stating, “I don’t care what type of evidence or what type of testimony is out there, use your rationality, use your common sense. Comic books, traditionally what we think of, are for kids. This is in a store directly across from an elementary school and it is put in a medium, in a forum, to directly appeal to kids. That is why we are here, ladies and gentlemen. … We’re here to get this off the shelf.” Castillo was found guilty and sentenced to 180 days in jail, a year probation, and a $4,000 fine.

Immediately following the first trial, the State dropped the second obscenity count while the Fund prepared its appeal. In 2002 the Appeals court rendered a 2-1 split decision upholding the conviction. Justice Tom James, writing in dissent, would have reversed the conviction on the ground that the State did not provide sufficient evidence that Castillo had knowledge of the content and character of the offending comic book. On the strength of James’ dissent, the Fund filed a Petition for Discretionary Review to the Texas Court of Criminal Appeals, which was denied. At the end of the road for Texas Justice, the Fund took the case to the U.S. Supreme Court.

Fund Legal Counsel Burton Joseph explains, “It is rare that the Supreme Court accepts individual criminal cases for consideration. In the Castillo case, in spite of the odds, CBLDF appealed to the Supreme Court on the chance that they would reverse what appeared to be an unjust and unconstitutional decision in the Texas courts. The principle was important, but we knew the odds were long.”

“Unfortunately, fighting the right battles is not a guarantee of winning,” Fund Director Charles Brownstein says. “The Fund put up a strong fight for Castillo against the rising tide of repression. We were successful in knocking out the second charge against Jesus and in getting a sentence where no actual jail time was served, but unfortunately the higher courts would not correct the blinding injustice at the heart of this case.”

Fund board member Peter David says, “When dealing with the denseness of the ‘Protect the children!’ censorship hysteria in Texas, coupled with the unlikelihood that the Supreme Court would hear the case, this was almost a hopeless cause from the get-go. However, oftentimes it's the hopeless causes that are the ones worth fighting. This unfortunate and spectacularly unjust outcome doesn't change that.”

Burton Joseph adds, “One thing is clear, with every defeat of the First Amendment, the censors gain courage to pursue their unconstitutional ends. The Castillo case is among the most appalling cases of injustice ever to come to the attention of CBLDF. Conservative communities are quick to condemn comic book artists and publishers without an understanding that they enjoy the full panoply of First Amendment rights.”

“This case bodes badly for the First Amendment,” Brownstein comments. “By choosing to deny Jesus’ plea for justice, the Supreme Court has allowed a precedent to stand that allows a man to be convicted of obscenity charges without adequate proof being presented that the work he is convicted for selling is constitutionally obscene. All because the medium the alleged obscenity was placed in ‘is for kids.’”

Fund board member Neil Gaiman says, "I think the hardest thing to believe is that Jesus was found guilty of selling an adult comic, from the adult section of the store, to an adult police officer, and convicted because the DA convinced the jury that all comics are really intended for children. I can't imagine a world in which the same argument would have worked for books or for films -- and I'm afraid that highlights why comics retailers (and artists and writers and publishers) still need a Defense Fund, and still need to be defended."

“Perhaps the worst thing about the decision is the chilling effect it will have on everyone else working with comics and graphic novels,” says attorney and Fund board member Louise Nemschoff, adding, “As we approach another election year, we can expect to see an increase in such attacks on free expression. Now, more than ever, we need the CBLDF to both educate the public and defend those working in the industry from further incursion on First Amendment rights. It deserves our whole-hearted support.”

I don't know which I detest more, the fact that the guy got busted for selling an adult comic book to an adult in Texas, and the people who wanted him busted got away with it, or that the basis of them busting him in the end was that they convinced a jury that comics were for solely for kids.

[zombie84]

thats fucked up.

[darthdavid]

So fucked up it's been posted before.

[Joe]

No one in this country can mind their own fucking business, I swear...

And actually, I think information on this has been posted before, but this particular article hasn't.

[Demiurge]

Fuck those fucking fucker fucks. I've read similar articles before, and they just get stupider each time.

[Dalton]

And our freedoms lose another battle to the Christian Right.

[Montcalm]

And our freedoms lose another battle to the Christian Right.

And these hipocrites do exactly what they claim is immoral.

[Stormbringer]

Why the hell can't we give Texas back to Mexico? Let them deal with those assholes.


What the hell is wrong with selling adult materials to adults? If they had any proof at all that he was selling to kids it'd be one thing, but jesus fucking christ on stick what the hell is wrong with what he did? Assholes from Texas up to the Supreme Court.

[DPDarkPrimus]

And the judge says to "use common sense"? Talk about a freaking hypocrisy! This is a travestry of justice!

[darthdavid]

The local store is about a block away from the school. It sells cigarettes. Cigarettes are for adults. Therefore, it's trying to sell them to the highschoolers.

[Stormbringer]

And the judge says to "use common sense"?

He means Texas common sense: "If it makes you tingly in the pants it must be wrong."

[irishmick79]

I think the real issue was the fact that the comic book store was close to an elementary school. Granted, adults should be able to sell hentai to adults, and whomever the fuck they please as long as they're consenting. But I've got to think that a young kid wandering around in a comic book store and stumbling arcross a stack of hentai porn can't exactly be a good thing.

[Wicked Pilot]

Why the hell can't we give Texas back to Mexico? Let them deal with those assholes.

Dude, I live in Texas. Wait till I leave first!

[Ghost Rider]

Yeah it looks familar

Still it's worth still seeing given that I did highlight what the State Prosecutor said...fucking moron, and a sham trial.

[SyntaxVorlon]

Why the hell can't we give Texas back to Mexico? Let them deal with those assholes.


What the hell is wrong with selling adult materials to adults? If they had any proof at all that he was selling to kids it'd be one thing, but jesus fucking christ on stick what the hell is wrong with what he did? Assholes from Texas up to the Supreme Court.

Are you kidding??!!
The mexicans wouldn't want something that polluted.

[zombie84]

I think the real issue was the fact that the comic book store was close to an elementary school. Granted, adults should be able to sell hentai to adults, and whomever the fuck they please as long as they're consenting. But I've got to think that a young kid wandering around in a comic book store and stumbling arcross a stack of hentai porn can't exactly be a good thing.

fuck that. Convienience stores sell porno mags and cigarettes, and they place covienience stores right near elementary schools. Should a 7-11 clerk be put on trial for selling Playboy to an adult? No! So why should hentain be any different? Im sure that if a kid brought it to him he would refuse the sale, and in most cases the hentai is concealed in places out of reach to children, as in convienience stores. The court makes the mistake of assuming that comic books are only for children, and the very fact that hentai exists disproves this. The fact that the store is located near a school may make it a local hangout for kids but that is irrelevant. Conviennce stores sell comic books and porno mags alike, this is no different.

[Durandal]

I think the real issue was the fact that the comic book store was close to an elementary school. Granted, adults should be able to sell hentai to adults, and whomever the fuck they please as long as they're consenting. But I've got to think that a young kid wandering around in a comic book store and stumbling arcross a stack of hentai porn can't exactly be a good thing.

That's why it's an adult section of the store. In my hometown, there was a video store a few blocks away from a high school. The store had an adult section that only people over 18 could enter or rent material from. No one pissed and moaned about that.

Regardless, the whole "obscenity" thing is just a code word for censorship. Obscenity clauses should be stricken from constitutional law. And "think of the children" arguments should just be banned from courtrooms.

[Ghost Rider]

Actually what's bullshit of the case...is that Jesus Castillo sold an adult comic to an ADULT...not a minor.

They brought up being near a school and that closing statement so they could be doing it for the *children*.

So I guess I can whistle in the cops if I buy a porno mag now at a bookstore

[Shinova]

If it's for the children, then it's okay to do, no matter how harsh or ridiculous it is.


I bet that anyone in those places could use the "it's for the children! Think of the children!" excuse and get away with nearly anything.

[HemlockGrey]

I should rob a porn store. By taking away all that dirty smut, I'm simplying protecting the children.

[Gil Hamilton]

I think the real issue was the fact that the comic book store was close to an elementary school. Granted, adults should be able to sell hentai to adults, and whomever the fuck they please as long as they're consenting. But I've got to think that a young kid wandering around in a comic book store and stumbling arcross a stack of hentai porn can't exactly be a good thing.

From what I remember from the original article (which this is an update on), the "adult section" was behind the counter that wasn't even in view of the general public. Appearantly, once they found out about it, they went out of their way to get this guy busted by sending a police officer to buy a copy, then ran a news article on it. When no one responded, the people responsible published the same news report two more times until he was put on trial for it.

What pisses me off is that this sets the precident in court that comics, all comics, are child's material and thus not protected under the First Amendment. This has bad implications.

[Joe]

What pisses me off is that this sets the precident in court that comics, all comics, are child's material and thus not protected under the First Amendment. This has bad implications.

Slippery slope; this only sets precedent for other materials ruled obscene. That's not to say censorship of obscene material is justified, but it won't lead to other things losing their First Amendment protection.

[Gil Hamilton]

Slippery slope; this only sets precedent for other materials ruled obscene. That's not to say censorship of obscene material is justified, but it won't lead to other things losing their First Amendment protection.

Did I say it did?

[Frank Hipper]

This makes my stomach hurt.

And not just because it's a monstrous miscarriage of justice, but that any DA with a hard-on for making a name for himself/herself is free to interpret anything he/she wants any way he/she pleases.
I mean if comics are for kids, always, no matter what, where do we go from here?

Terrifying shit.

[Joe]

Slippery slope; this only sets precedent for other materials ruled obscene. That's not to say censorship of obscene material is justified, but it won't lead to other things losing their First Amendment protection.

Did I say it did?

You know what I did? I read your statement completely wrong; I thought I saw it as

What pisses me off is that this sets the precident in court that comics, all comics, and child's material and thus not protected under the First Amendment. This has bad implications.

Anyways, apologies.