The battle for free expression in comics is intensifying, with legal challenges and legislative efforts mounting across the country. Jeff Trexler, Executive Director of the Comic Book Legal Defense Fund (CBLDF), outlined a growing wave of concerns at the ComicsPRO Sneak Peek event on , signaling a potentially pivotal moment for the industry.
A particularly troubling case currently unfolding in North Carolina involves a comics retailer arrested for making a copy of Grendel Tales Featuring Devil’s Hammer #1. The next hearing is scheduled for , and while the retailer has a public defender, Trexler expressed dismay at the escalation of the situation. “It’s disturbing that it got to the level of an arrest, rather than just a warning or accepting an apology,” he said, noting that certain individuals appear determined to pursue maximum punishment. This case, however, extends beyond a single incident.
Trexler warned that the North Carolina case is being framed as a test case for applying obscenity laws to mainstream graphic novels and manga with sexual content, even those accessible to or visible to children. This represents a significant expansion of what is considered obscene, and prosecutors in multiple states are reportedly exploring similar legal avenues. The CBLDF is taking the situation extremely seriously, recognizing the broader implications for the comics community.
The focus on graphic novels within broader book-banning efforts is also escalating. Activists are increasingly featuring excerpts from graphic novels in legal briefs, aiming to present them in the most unfavorable light to judges. Simultaneously, there are attempts to weaken the established legal standards for obscenity, specifically the three-pronged Miller Test. Activists are targeting provisions requiring a work to be judged as a whole, rather than focusing on isolated images, and the consideration of literary, scientific, or other value.
Perhaps most concerning is a legal argument gaining traction that constitutional protections against obscenity do not apply to images. While not yet law, Trexler emphasized that this is a key objective of activists in several states. This would fundamentally alter the legal landscape for comics, potentially opening the door to widespread censorship based on visual content alone.
Legislative battles are also raging on multiple fronts. In West Virginia, a bill seeks to criminalize the display of transgender material where children can see it. Utah has proposed a 7% tax on books and other materials deemed harmful to minors. And in Texas, previous attempts to require content ratings for school materials were blocked by a judge, though the threat of similar legislation remains. A particularly aggressive proposal in Texas would have allowed any individual to sue retailers for selling materials they find offensive.
A Fifth Circuit Court decision, currently standing due to the Supreme Court’s refusal to hear the case, poses an existential threat to libraries. The ruling asserts that the First Amendment does not apply to libraries, meaning books can be removed for any reason without constitutional protection. The CBLDF is actively working to prevent this precedent from spreading to other states.
For retailers, Trexler advises heightened vigilance, particularly regarding store design and the placement of materials. In states with stricter laws or aggressive prosecutors, careful consideration must be given to ensuring adult content is not easily accessible to minors. He cited a case where a complaint centered on a child in the children’s section being able to see adult materials elsewhere in the store, highlighting the need for proactive measures.
The CBLDF is developing guidelines to assist retailers in navigating these complex legal challenges and plans to launch a weekly newsletter providing updates and resources. Trexler encouraged retailers to proactively report issues in their areas to the organization. The organization’s origins stem from a similar case in the 1970s, the Friendly Franks case, which took three years to resolve and underscored the financial and emotional toll of legal battles. As Trexler pointed out, prosecutors are aware of this burden and may leverage it to discourage challenges.
The current climate represents a significant escalation in the ongoing struggle to protect free expression in comics. The CBLDF’s work, and the vigilance of retailers and publishers, will be crucial in safeguarding the industry’s creative freedom and ensuring access to a diverse range of stories for readers of all ages. The American Library Association also reported that 378 different graphic novels were threatened with bans or challenges, with a total of 1,020 censorship attempts.
