Indiana's "Explicit" Law Struck Down

Mac Slocum
July 2, 2008 | Permalink | Comments (0) | Listen

An Indiana law requiring retailers who sell explicit material to register with the state was struck down by a U.S. Federal Court on First Amendment grounds. From the Indianapolis Star:

The law would have required anyone who intended to sell sexually explicit materials -- which plaintiffs say could have included classic literature, 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.

As the article notes, the law's intent was to restrict businesses that sell pornographic content from moving into areas with limited zoning regulations, but the legislation's broad framing of "explicit" material put other retailers -- including booksellers -- at risk.

Update 7/3 -- Indiana's attorney general says the state will not appeal the ruling.

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