"It's been great working for such an important cause," said Oarr. "And I feel like we've accomplished a lot. The Fund will continue to stand ready to provide the highest quality legal advice and service to the comics community. I'll always remain one of the CBLDF's most ardent supporters."
During his tenure as executive director, Oarr was responsible for increasing the Fund's profile both inside and outside the comics industry. He was the driving force behind such innovative fund-raising ventures as the CBLDF "Making Waves" Cruise, and coordinated two of author NEIL GAIMAN's most successful Guardian Angel Tours in support of the Fund. Oarr also inaugurated the CBLDF's Membership Program, which currently brings the Fund annual support from more than 2,500 comics fans and professionals.
While the CBLDF's caseload was thankfully light during Oarr's time with the organization, he did coordinate the defense of comics retailers in trials in West Virginia and Texas. The Fund has also increased its ability to act quickly and decisively, and in the last three years was able to resolve dozens of censorship incidents successfully before charges were ever filed. Oarr's fundraising efforts also enabled the CBLDF to pay all outstanding legal debts from previous cases.
"Chris brought tremendous energy and enthusiasm to the Fund," said CBLDF president DENIS KITCHEN, "not to mention a genuine love of comics. He's succeeded in involving and uniting people from all parts of the comics community in support of the industry's rights."
CHRIS BLEISTEIN, who was the Fund's deputy director throughout Oarr's tenure, will remain with the CBLDF. Bleistein will serve as acting director pending further decision from the CBLDF's board of directors. "I could only consider leaving now," said Oarr, "knowing that the Fund is on solid footing and in the good hands of Chris Bleistein."
The Comic Book Legal Defense Fund is a non-profit organization protecting First Amendment rights in the comics community. Donations and inquiries should be directed to the CBLDF at P.O. Box 693, Northampton, MA 01061. For more CBLDF news and information, pick up a copy of "Busted!," the Fund's free quarterly newsletter, or visit the CBLDF web-site at .
The two comics in question, "Demon Beast Invasion: The Fallen" #2 and "Legend of the Overfiend" #1, are both adaptations of Japan's hugely popular "Legend of the Overfiend" series of anime films. Like the films, the comics are clearly intended for an adult audience, and are labeled "absolutely not for children" on the covers. At this comic shop, they were racked in an "18 and Over" section that also included "Sin City," "Preacher," "Spawn," and all of DC's "Vertigo" titles. No one alleged that these comics were displayed to children, or that the manager was negligent in verifying the age of the undercover police officer and PTA member who purchased them.
Instead, the prosecutors claimed that the material is obscene. In order to be judged obscene, a work as a whole must appeal to the prurient interest and lack any artistic, literary, or scientific value. Obscenity is not protected by the First Amendment, and it is illegal for adults to create, promote, sell, or purchase obscene material. These two charges -- both of which carry two- year jail sentences and $4,000 fines -- were to be tried separately.
"We're not talking about a prudish city here," said CBLDF executive director CHRIS OARR. "You can't drive two miles without passing an adult bookstore. But a local PTA member was so shocked by what he saw in the adult section of this comic shop that he called his city councilwoman, who called the district attorney, who called the police. And when the DA's office was not quick to act, the councilwoman applied more pressure. Thanks to her, the clerk was arrested in his store on new comics day."
The first charge was tried before a jury in September. The CBLDF hired one of the leading legal teams in Dallas. For the trial, the Fund also brought in SCOTT McCLOUD, author of "Understanding Comics," to testify as an expert on the medium. DR. SUSAN NAPIER, a professor from the University of Texas, also gave expert testimony on anime and Japanese pop culture. These witnesses demonstrated that not only were these comics well within contemporary community standards, but that they also had serious artistic value. Ignoring this expert testimony, the jury was quick to return a guilty verdict and convict the store manager of promoting obscenity.
The CBLDF legal team immediately filed its intention to appeal this verdict on the first charge. Perhaps the most compelling of the several issues that will be brought to appeal was the jury's failure to apply a national standard to the question of the material's artistic and literary merit. The Supreme Court has held that the standard for establishing artistic value is not a local one but national. Furthermore, the high court has stated that a national standard of artistic worth is best determined by experts. Jurors must be guided by expert testimony when it is given. When experts disagree, the jury must decide between them. But in the absence of conflicting testimony, the jury may not disregard the testimony of experts. In other words, they cannot substitute their own views on artistic merit for the evidence presented in court.
The prosecution presented no witnesses to contradict McCloud and Napier's assertion that the comic has artistic merit. Therefore, as a matter of law, the jury could not find "Demon Beast Invasion: The Fallen" #2 obscene. And yet that is what they did. In essence, they could not accept the notion that comics are indeed art, and they are not always intended for children. The judge failed to instruct the jury about this national standard, and for that reason alone the defense should prevail on appeal.
"That conviction was still only for the first charge," explained Oarr. "In preparing for the trial for the second charge, we redoubled our efforts. This time, we subpoenaed information from the offices of the mayor, the city council, and the DA. We were ready to prove that this entire case was politically motivated. And suddenly the DA dropped the second charge. Sometimes that's what it takes."
"This is just the sort of case the CBLDF was founded to deal with," said CBLDF president and founder DENIS KITCHEN. "Thanks to the support of comics fans and professionals across the country, the CBLDF was able to act fast and commit thousands of dollars to the defense of this retailer's rights. It's a significant victory that Texas has backed down on the second charge, and we have high hopes that reason will prevail at the appeal."
The Comic Book Legal Defense Fund is a non-profit organization protecting First Amendment rights in the comics community. Donations and inquiries should be directed to the CBLDF at P.O. Box 693, Northampton, MA 01061. For more CBLDF news and information, pick up a copy of "Busted!," the Fund's free quarterly newsletter, or visit the CBLDF web-site at .
Chaos!¹ latest Jade will be different from past books. It will have a new look, new art, and a new direction. Audiences will be enthralled by Jade¹s world. As compared to past Chaos! issues, Jade will kick things up a notch to a level people have yet to see from Chaos! Fans who enjoy Manga, John Woo action flicks or visually stylistic films such as The Matrix will definitely be blown away by what Jade has to offer. Visually, it will present insane martial arts with supernatural sword and sorcery!
With Jade, Chaos! embarks into a new era of high-speed action intermixed with betrayal, intrigue and suspense. It will intertwine elements of cutting edge Sci-Fi, cybergentics, cloning and high technology. This isn¹t the same old Jade that people have seen in the Chaos! Universe. The latest Jade is commanding, cunning, and mysterious as she battles corruption in present day China. She will use her vampiric and sorceress power to bring an end to corruption of various crime families, and through them, take back control of China itself, to save the honor of her homeland.
Chaos! is offering a great incentive for retailers on Jade! Any retailer ordering 50 copies of Jade #1 receives a Jade First Shot action figure from Dark Alliance I, limited to only 1000!
Chaos! Presents: Jade is a 32 page, full color comic that is in stores 4/11/01. A premium version is also available showcasing a hot back shot of Jade wielding her sword!
For more information on Chaos!, please visit the official website at www.chaoscomics.com. For any other inquiries, please contact Chaos! Assistant Director of Marketing, Chad Soliman at 480-991-9080 ext. 812.
Die-hard followers of Chaos! and comic enthusiasts have always wondered ³what if² the famed Diva of Death were to ever exist as real flesh and blood. Chaos! will address just that question, when Lady Death becomes human in the Lady Death: Alive!, the new series coming April 2001. The alternate cover to Lady Death Swimsuit 2001 #1 offers a preview of what¹s to come, offering a teaser of sorts showing Lady Death in human form! Gone is the pale white skin, pupiless eyes, steely remote exterior, and white hair. Now she¹s real flesh and blood - mortal! ³We realize the audience¹s interest in seeing a human Lady Death and we think fans will be thrilled with what we¹re coming up with,² says Marketing Director Adam Goldfine.
The revamped Lady Death will appeal to comic enthusiasts and new readers who have yet to be exposed to Chaos!¹ most famous Diva. Becoming human allows Lady Death to be more accessible to the vast comic audience, and readers will be enthralled by her new look!
Fans will bear witness to the flesh and bone mortal Diva once Lady Death: Alive #1 hits comic retailers on 4/18/01. Picking up where the series Lady Death: The Tribulation left off, Lady Death is seemingly abandoned by the Grim Reaper, stripped of all her wondrous powers, and wakes from the sickness that claimed her life previously to find herself not only human, but mysteriously transported to a dark and mystically alive New York City. At the crossroads of her destiny, and without her immense power, can she survive the apocalyptic badlands and reclaim her power? Or, will her newfound humanity take her in another direction altogether?!
Lady Death: Alive #1 is a full color, 32 page comic that retails for $2.99. It also comes in a stylish premium cover. Any retailers ordering 50 copies of Lady Death: Alive #1 get a Lady Death First Shot action figure from Dark Alliance I, limited to 1,000 copies!
For more information on Chaos!, please visit the official website at www.chaoscomics.com. For any other inquiries, please contact Chaos! Assistant Director of Marketing, Chad Soliman at 480-991-9080 ext. 812.
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