eww this case sucks

They're invoking the newly-passed PROTECT act (the one with the lame 'pandering' clause) which apparently has provisions prohibiting 'obscene' drawings. If a jury finds it doesn't pass the Miller test, then that'd set a precedent for all hardcore lolicon being illegal in America. Just like it is in Canada. I presume that drawings depicting children in sexual situations is more likely to be found obscene than drawings of adults.