In a win for 'Gender Queer' and free speech, judge tosses suit that tried to deem book obscene

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In a win for 'Gender Queer' and free speech, judge tosses suit that tried to deem book obscene
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The judge's order comes at a time when book challenges and bans have surged across the U.S. to levels not seen in decades.

The Keller Independent School District in Texas is reviewing at least 41 books that the school board has recommended to ban from school libraries.NORFOLK, Va. — A judge in Virginia dismissed a lawsuit Tuesday that had sought to declare two books as obscene for children and toby Maia Kobabe and"A Court of Mist and Fury" by Sarah J. Maas.

Circuit Court Judge Pamela S. Baskervill struck down the suit on jurisdictional grounds, citing state law as well as principles under the U.S. Constitution. The judge also wrote that restricting the books' distribution would authorize"prior restraint" of speech and violate the First Amendment. The judge also described concerns about prosecuting someone who didn't know they were selling or loaning books that were deemed to be obscene.

Tim Anderson, Altman's attorney, said the lawsuit in Virginia Beach was not focused on what the two books were about.

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