Jul 01 2008
A federal court today struck down a law that would have required sellers of
sexually explicit materials in Indiana to register with the state, marking a
victory for retailers and First Amendment advocates.
U.S. District Judge Sarah Evans Barker ruled that House Enrolled Act 1042,
passed by the Indiana General Assembly earlier this year, burdens First
Amendment rights and is unconstitutionally vague and overly broad. The law would
have taken effect today.
The plaintiffs, including local bookstores, the Indianapolis Museum of Art and
the American Civil Liberties Union of Indiana, applauded the decision.
The law would have required anyone who intended to sell sexually explicit
materials — which plaintiffs say could have included classic literature, works
of art, women's magazines, as well as pornography — to register with Indiana’s
secretary of state, pay a $250 fee and submit a statement with details about the
materials. It would have applied to new businesses and existing ones that
relocated or began selling the materials after June 30.
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