CBLDF Case Files — Illinois v. Correa

On November 18, 1986, Officer Anthony van Gorp and his partner, while “monitoring places where youths congregate,” purchased 15 comics from Michael Correa, manager of the comic book store Friendly Frank’s in Lansing, Illinois. Within a month, Correa was arrested and charged with the possession and sale of obscene materials. On January 1, 1988, Correa was found guilty by the State of Illinois, fined $750, and sentenced to court supervision for the course of one year.

After Correa’s arrest, Frank Mangiaracina, the owner of Friendly Frank’s, contacted Kitchen Sink Press owner Denis Kitchen. “Frank called me because I was one of the publishers who got him busted,” Kitchen says. “He was pretty distraught. His store manager had been charged with some very serious offenses. What frustrated me was that Frank was struggling to take care of this himself and it didn’t seem fair.”

Kitchen asked artists and creators to donate work to help raise money to cover legal costs. The assistance of the comics community covered expenditures during the trial and appeal. On appeal, the judge declared that the comics at issue were “bizarre,” but they did not constitute obscenity. He overturned Correa’s guilty verdict on November 16, 1989.

Kitchen’s fundraising exceeded expectations, and he used the surplus $20,000 to found the Comic Book Legal Defense Fund. After reiterating the importance of the Fund’s ongoing support of the comics industry, Kitchen relates, “Most local prosecutors aren’t aware of the laws that protect comic-book creators and publishers. Usually they’re just acting on the complaints of an irate mother, a fundamentalist group, or maybe someone who was just offended. To them it’s someone selling a dirty comic to a kid. But nine times out of ten it is a responsible retailer and an overzealous cop or prosecutor.” Kitchen adds, “I think where being aggressive would pay off is in educational programs and making sure that retailers, artists, and publishers all know what their rights are.”

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The Comic Book Legal Defense Fund and the Comic Legends Legal Defense Fund are pleased to announce that the Crown has withdrawn all criminal charges in R. v. Matheson, the case previously described as the “Brandon X case,” which involved a comic book reader who faced criminal charges in Canada relating to comic books on his computer. The defendant, Ryan Matheson, a 27-year-old comic book reader, amateur artist, and computer programmer has been cleared of any criminal wrongdoing.

The total legal costs of this case exceeded $75,000. After taking the case last summer, the Comic Book Legal Defense Fund contributed $20,000 to the defense, and the Comic Legends Legal Defense Fund contributed $11,000. The CBLDF also participated in shaping the defense, including recruiting expert testimony for the trial. The organization is currently seeking funds to help pay off the $45,000 debt Matheson incurred as a result of his case, and to create new tools to prevent future cases. To make a contribution to these important efforts, please visit www.cbldf.org. Learn more about the shocking details of this case and how you can support the CBLDF's efforts to fight back!Read the full post