The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

Does Libel Dispute About Whether "TheDemonatrix" Comics Are "Lolicon" Belong in Federal Court?

(Lolicon is "A Japanese term derived from the English phrase 'Lolita complex,' lolicon describes a fascination with cartoons of very young-looking girls engaged in varying degrees of erotic behavior.")


All depends on whether the claimed reputational damage exceeds $75,000, Judge Ed Kinkeade (N.D. Tex.) reminds us, in Lamont v. Assaf. (Part of the alleged libel appears to also be that the author of the comics is supposedly a lolicon fan, even apart from the contents of these comics.)

I have a query running that reports on new libel filings throughout the country, and, unsurprisingly, it shows just how pervasive such lawsuits are. Besides this case, I've seen libel cases arising out of disputes within Mensa, the Society for Creative Anachronism, doulas in Hawaii, and much more; and those are just the ones that have been filed in federal court.