Commonwealth v. American Booksellers Ass'n

We here construe the 1985 amendment to Code § 18.2-391, which makes it a misdemeanor knowingly to display material “harmful to juveniles” in a manner whereby juveniles may examine and peruse it. Pursuant to our Rule 5:42, the Supreme Court of the United States, on January 25, 1988, certified to this Court the following questions of Virginia law:

1. Does the phrase “harmful to juveniles” as used in Virginia Code §§ 18.2-390 and 18.2-391 (1982 and Supp. 1987), properly construed, encompass any of the books introduced as plaintiffs’ exhibits below, and what general standard should be used to…