Jul 2 2008
Several booksellers filed suit in May to challenge the newly passed Indiana legislation that would require every store that sold “sexually explicit” material to register with the Secretary of State and pay a fee. Because the term “sexually explicit” was so broad, the US District Court hearing the case ruled that the law was “too broad and said it could be applied against ‘unquestionably lawful, nonobscene, nonpornographic materials being sold to adults.’” The judge went on to state:
”A romance novel sold at a drugstore, a magazine offering sex advice in a grocery store checkout line, an R-rated DVD sold by a video rental shop, a collection of old Playboy magazines sold by a widow at a garage sale . . . would appear to necessitate registration under the statute.”
The entire decision can be accessed here.