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{"id":13559,"date":"2022-08-31T14:38:09","date_gmt":"2022-08-31T14:38:09","guid":{"rendered":"https:\/\/scienceandnerds.com\/2022\/08\/31\/virginia-judge-shuts-down-demand-to-ban-book-sales-to-minors\/"},"modified":"2022-08-31T14:38:10","modified_gmt":"2022-08-31T14:38:10","slug":"virginia-judge-shuts-down-demand-to-ban-book-sales-to-minors","status":"publish","type":"post","link":"https:\/\/scienceandnerds.com\/2022\/08\/31\/virginia-judge-shuts-down-demand-to-ban-book-sales-to-minors\/","title":{"rendered":"Virginia judge shuts down demand to ban book sales to minors"},"content":{"rendered":"

Source: https:\/\/www.theverge.com\/2022\/8\/30\/23329075\/virginia-judge-dismisses-gender-queer-obscenity-minors-case-aclu<\/a>
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A Virginia judge has dismissed an unusual case<\/a> that could have banned selling two books to children in the state. Following a hearing on Tuesday, Virginia Beach Circuit Court Judge Pamela Baskervill found that Maia Kobabe\u2019s Gender Queer: A Memoir <\/em>and Sarah Maas\u2019 A Court of Mist and Fury<\/em> failed to meet the standard for obscenity under Virginia law \u2014 and, more consequentially, that the obscenity law itself<\/a> was unconstitutional.<\/p>\n

Republican State Delegate Tim Anderson and former congressional candidate Tommy Altman instigated the dispute earlier this year<\/a>, exploiting a little-used rule that allows anyone to launch obscenity proceedings in the state. Altman and Anderson objected to what they characterized as sexually explicit material in both books, arguing that the scenes made them unsuitable for people under 18. They asked a judge to declare the books \u201cobscene for unrestricted viewing by minors,\u201d a classification that would have stripped them of some First Amendment protection.<\/p>\n

While Anderson and Altman insisted the ruling wouldn\u2019t constitute a \u201cban,\u201d the complaint included a demand that booksellers \u2014 most prominently Barnes & Noble \u2014 restrict access to the titles. If granted, the demand\u2019s reasoning could have been applied to internet sales of the book in Virginia or even more broadly. Matt Callahan of the ACLU of Virginia argued<\/a> that the law was vague enough to cover \u201cone person handing the book to someone they live with.\u201d<\/p>\n

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