Gordon Lee

Gordon Lee (died January 13, 2013) was an American comic book store owner from Rome, Georgia, who is most famous for having been charged with distributing obscene material to a minor in connection with the Free Comic Book Day on Halloween, 2004. The Comic Book Legal Defense Fund was heavily involved in Lee's defense. Lee was previously convicted on another obscenity charge.

1994 obscenity conviction Gordon Lee was the owner of the comic book store Legends, which was based in Rome, Georgia. Lee was convicted on February 18, 1993 of "distributing obscene materials" for selling the pornographic comics Final Taboo and Debbie Does Dallas to adult customers. He was fined $1,000 and sentenced to 12 months; both were suspended on payment of $250. Lee made appeals to the court, but they were denied by the Georgia Court of Appeals and Georgia Supreme Court in 1994. The Comic Book Legal Defense Fund assisted with fees for the trial and the appeal.

On September 3, 1993, Lee filed suit for the return of inventory seized in conjunction with the obscenity case. The comics seizure had occurred on November 1, 1991, the day the police received a complaint about comics that were purchased at Legends. Around 300 books were taken as evidence under a search warrant, but were not returned until July 29, 1994, when the U.S. District Court for the Northern District of Georgia issued a ruling ordering the district attorney to return the inventory within ten days. Lee's shop gave away thousands of free comics on that day, but a copy of Alternative Comics #2 was unintentionally included in the giveaway.

Alternative Comics #2 is an anthology containing an excerpt from the story The Salon by Nick Bertozzi. The story portrays Pablo Picasso's first meeting with the fellow cubist Georges Braque, during which Picasso is depicted as nude in a non-sexual context. (The CBLDF has made statements that the comic is historically accurate in this depiction.)

District Attorney Leigh Patterson charged Lee with two felony counts and five misdemeanors. The two felony charges were brought under the Distribution of Material Depicting Nudity or Sexual Conduct law, which requires materials containing nudity to be distributed in a labelled envelope. Penalties for violating this law include one to three years in prison and/or fines of up to $10,000 US. The five misdemeanors were presented under the Distribution of Material Harmful to Minors law, which makes it a misdemeanor to supply minors any material containing nudity.

On June 2, 2006, prosecutors filed yet another new indictment, modifying the second misdemeanor charge. This marked the third time Lee had been formally charged for this one incident. Although new indictments were issued, the first two sets of charges were never formally dropped. The CBLDF team again filed motions, this time in response to all three sets of accusations, but they were all dismissed, including those alleging prosecutorial misconduct.

Mistrial Opening statements in the new trial began on November 5, 2007, but quickly resulted in a mistrial. Prior to the opening statements, the defense requested that the judge bar prosecutors from commenting on Lee's previous conviction in 1994. However, the prosecution noted in opening statements that Lee told deputies during the 2004 incident he had "been through this before and beat it". The district attorney's office planned to bring the case back to Floyd Superior Court the following year.

Effects of the case The charges against Lee have unnerved many shop owners who are concerned about distributing materials that could result in similar charges. One store owner in Georgia stated that "We are a smaller community, very similar to the community that Gordon is in. We will special order [controversial comic Lost Girls] for anybody, but we will not have it out on display."

Lee died on the afternoon of January 13, 2013, from complications stemming from a series of strokes. He was 54 years old.