Virginia Republicans Revive Obscure Anti-Porn Law to Ban Books

Virginia Republicans Revive Obscure Anti-Porn Law to Ban Books

VIRGINIA BEACH, Va. — Two Republican politicians in Virginia have revived an obscure anti-pornography law not invoked in decades to ask a judge for a restraining order preventing Barnes & Noble from selling certain books the lawmakers find objectionable to minors.

Delegate Timothy Anderson and Republican congressional candidate Tommy Altman requested the orders from Virginia Beach Circuit Court on May 18 as part of their larger, ongoing lawsuit targeting Maia Kobabe’s acclaimed LGBTQ+ memoir “Gender Queer” and Sarah J. Maas’ fantasy novel “A Court of Mist and Fury,” the Washington Post reported.

Anderson bragged to the Washington Post that he had “discovered a dusty section of Virginia law that had not been invoked since the 1970s, when it was wielded against pornography,” after fellow Republican politician Altman allegedly “engaged his law firm and asked for legal means to limit access” to “Gender Queer” and “A Court of Mist and Fury.”

Back to the 'Crimes Against Decency' Era

Anderson — a gun shop owner and attorney who flipped his district for the GOP in 2021 — referred to title 18.2 of the Code of Virginia, under the rubric “Crimes Involving Morals and Decency: Obscenity and Related Offenses.”

The Virginia law allows “any citizen” or the attorney for the Commonwealth of any county or city, or city attorney, to ask a judge for “adjudication of the obscenity” of any book that they may have “reasonable cause to believe” may be “obscene.”

The citizen only has to name or describe the book, allege its “obscene nature” and list “the names and addresses, if known, of the author, publisher, and all other persons interested in its sale or commercial distribution.” While the court then “examines the book alleged to be obscene,” it may issue “a temporary restraining order against the sale or distribution of the book alleged to be obscene.”

“If the court find no probable cause to believe the book obscene, the judge thereof shall dismiss the petition,” the statute continues. “But if the court find probable cause to believe the book obscene, the judge thereof shall issue an order to show cause why the book should not be adjudicated obscene.”

According to the Washington Post, Virginia state code defines something as “obscene” if it appeals to “‘prurient interest in sex,’ goes ‘substantially beyond customary limits of candor in description or representation’ and lacks ‘serious literary, artistic, political or scientific value.’”

Anderson says he is seeking “a modified version of the obscenity ruling,” asking that the two books in question be ruled “obscene only for minors.”

“If he is successful in his suit,” the Washington Post explained, “it will become illegal for minors to check out those books in Virginia Beach school libraries or buy them at the two Barnes & Noble bookstores in Virginia Beach.”

Anderson Celebrates

“This is just going to put these books in a category of ‘available to adults’ rather than ‘available to children,’” Anderson claimed. “This happens in bookstores all the time. Lots of bookstores sell adult magazines, and children can’t walk in and buy an adult magazine — it’s age-restricted.”

On May 18, Anderson posted an order on Facebook, apparently signed by Virginia Circuit Judge Pamela S. Baskervill — who supposedly retired in 2014 — allowing his obscenity claims to move forward.

“I am pleased to announce a major legal victory,” Anderson wrote. “Today, the Virginia Beach Circuit Court has found probable cause that the books ‘Gender Queer’ and ‘A Court of Mist and Fury’ are obscene to unrestricted viewing by minors.

“My client, Tommy Altman, has now directed my office to seek a restraining order against Barnes and Noble and Virginia Beach Schools to enjoin them from selling or loaning these books to minors without parent consent,” he continued. “We are in a major fight. Suits like this can be filed all over Virginia. There are dozens of books. Hundreds of schools.”

Banning Books for Minors and Also Adults

The American Booksellers for Free Expression (ABFE) issued a statement strongly condemning retired Judge Baskervill’s tentative opinion that the books might be “obscene for unrestricted viewing by minors.”

“The last time a book was banned for being ‘obscene’ was in the 1960s,” the ABFE pointed out. “Then, in 1973, the Supreme Court provided a three-question test to determine if a particular material is obscene: Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the ‘prurient interest;’ whether the work depicts or describes, in a patently offensive way, sexual conduct; and whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.”

The ABFE was founded in 1990, the statement noted, “in part because the Meese Commission on Pornography spurred state legislation to control sexual explicit materials, which threatened bookstores’ ability to sell legal materials in their bookstores.”

For free speech advocates, Baskervill’s opinion is “troubling in that the order could threaten the First Amendment right of a bookseller to sell a book, and that it does so based on the subjective point of view of a few citizens — one of whom in this particular instance is running for office.”

Regardless of Anderson’s claim that his action only concerns minors, the ABFE correctly clarified that Baskervill has “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.”

Main Image: Delegate Timothy Anderson (Virginia Beach-R)

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More