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Indiana Law on Sexually Explicit Material Registration Is Rule Unconstitutional

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.

Via Shelfawareness.

Jane Litte is the founder of Dear Author, a lawyer, and a lover of pencil skirts. She spends her downtime reading romances and writing about them. Her TBR pile is much larger than the one shown in the picture and not as pretty. You can reach Jane by email at jane @ dearauthor dot com

2 Comments

  1. Shiloh Walker
    Jul 02, 2008 @ 08:34:30

    :) Cool. Too bad the guys in Indy that thought that one up couldn’t see the difference.

  2. Bev Stephans
    Jul 02, 2008 @ 23:16:12

    I’ll be damned. Someone in Indiana has a brain!

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