Most lawyers don't like to defend the comic book industry (the ACLU certainly doesn't, never has), this may be why they are unfamiliar with the case of Mike Diana. That industry has it's own hired hands, the Comic Book Legal Defense Fund.
Mike was convicted of obscenity (and some of his work involved children). He did distribute his creations.
Part of his probation sentence prevented him from drawing anything. He was subject to surprise inspections.
It wasn't that he was distributing his work to minors, it was that he was creating and distributing such material at all.
In 1994, underground cartoonist Mike Diana was thrown in jail for 4 days without bail on obscenity charges, for publishing, advertising, and selling his zine BOILED ANGEL. Mike was on probation for 3 years, terms of which included fines of $3000, no contact with children under 18 (or within 10 feet of a minor), 1280 hours of community service, maintain full time employment, and at his expense, see a psychiatrist and take journalism courses at his own expense; AND no drawing for his own personal use... his home was subject to unannounced searches by local police to make sure he was complying. Mike Diana is now serving another 2 years of probation, including $2000 in fines, and the same probationary terms.On June 4, 1996, a ruling issued by Largo, Florida, Circuit Judge Douglas Baird declared Mike Diana's zines, Boiled Angel #7 and #ATE as obscene. The judge emphasized throughout Mike's ruling that he personally found Diana's comics "patently offensive." Referring to Diana as "the appellant," and stated, "The evident goal of the appellant's publication is to portray shocking and graphic pictures of sexual conduct so it will be noticed. If the message is about victimization and that horrible things are happening in our society, as the appellant alleges, the appellant SHOULD HAVE created a vehicle to send his message that was not obscene."
Maybe someone could re-release "Seduction of the Innocent" and add a chapter about Diana.........