Indiana Law on Sexually Explicit Material Registration Is Rule Unconstitutional

Jane — Wed, 02 Jul 2008 13:32:42 +0000

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.

Comic Book Legal Defense Fund to Challenge Indiana Law HB 1042

Jane — Fri, 02 May 2008 18:03:32 +0000

According to an interview at The Comics Reporter, Charles Brownstein, Comic Book Legal Defense Fund Executive Director, the Fund appears to be poised to challenge the new Indiana law requiring any retailer, new or existing, that would sell sexually explicit materials to register with the Secretary of State:

And we have urged the Media Coalition to support a challenge to Indiana’s new harmful to minors store registration law. The law, H.B. 1042 would require any new retailer or any existing retailer that relocates after June 30 which sells or intends to sell even one item which is harmful to minors to register with the Secretary of State. Notification would include a list detailing the types of material sold or intended to be sold. The Secretary of State would then notify local governing bodies and any appropriate zoning authority of the retailer’s registration. There is a $250 fee to register and noncompliance is a class B misdemeanor. The law goes into effect July 1. This law is a clear and present danger to comics retailers throughout the state, and one we intend to fight. We will have news about our involvement in a challenge soon.

Via The Comics Reporter.

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Indiana Law on Sexually Explicit Material Registration Is Rule Unconstitutional

Comic Book Legal Defense Fund to Challenge Indiana Law HB 1042