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Reason
Reason
Politics
Eugene Volokh

Va. Judge Finds Probable Cause That "Court of Mist and Fury" and "Gender Queer" Are "Obscene for … Minors"

Here's the order for A Court of Mist and Fury (with the author's address redacted); the one for Gender Queer, A Memoir is similar, and is on p. 5 of this filing.

The orders were obtained by Virginia state legislator Tim Anderson and Tommy Altman, a congressional candidate; see here for Del. Anderson's post about this, which also includes excerpts of some of what he views as obscene-as-to-minors in the books. Anderson and Altman are now using the probable cause finding in seeking temporary restraining orders that would bar Barnes & Noble from engaging in "sale or distribution to minors" of the books. How would one analyze this under existing First Amendment rules (whatever one might think of them)?

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