The American Booksellers Foundation for Free Expression (ABFFE) is ramping up legal efforts to combat a ridiculous and unconstitutional new Indiana law that requires bookstores to register with the state government if they sell what is considered "sexually explicit materials." 

Under the new law, H.B. 1042, signed by Governor Mitch Daniels on March 13, “sexually explicit material” is defined as any product that is “harmful to minors.”   The law requires bookstores selling such broadly defined items to pay a $250 registration fee to the Indiana Secretary of State.  Bookstores identified by the Secretary of State as selling "sexually explicit material" that do not pay the registration fee will be charged with a misdemeanor.

In a letter to the Governor, ABFFE stated:
"The legislation would have a serious chilling effect on booksellers.  The definition of “sexually explicit materials” is vague, potentially encompassing mainstream novels and other artistic works with sexual content as well as books that provide information about sexuality and health.  Some booksellers will be reluctant to identify themselves as sellers of “explicit” books and magazines and will choose not to carry them, depriving adults and older minors of works they have a First Amendment right to purchase."  

Even if we overlook the fact that this new law imposes unnecessary and unconstitutional barriers to free speech, and that it eerily rings of 1940's European fascism requiring all things not government-approved to be listed for future political targeting and destruction, there is the little matter of interpreting the vague law.  Any work that is "harmful to minors" is considered sexually explicit?  What about a Physician's Desk Reference?  Surely pictures accompanying descriptions of sexually transmitted diseases could give nightmares to any youngster - and most adults returning from Las Vegas.  By Indiana law, the massive desk reference would be considered sexually explicit and require the shop selling it to self-identify as a vendor of X-rated goods (PG-rated in New York). 

And what if, upon reaching for the Physician's Desk Reference, a children's clumsy fingers weren't quite able to stable the book and sent it crashing down from the shelf onto his/her head?  The situation makes any book stored a bit too high on the shelves potentially "harmful to minors."  Does that mean every bookstores not catering to children or midgets in its display must register as perverts with the state? 

It's hard to imagine a group of legislators - in Indiana or any other state but an Islamic one - believing that this law would be upheld by the courts and is in the people's best interests.  One has to wonder if the passage of the legislation was merely a political stunt; an attempt to gain favor with the religious right of the Republican party while knowing full well the law would be struck down by the courts. If so, it's an egregious act, as the maneuver comes at the expense of the taxpayers footing the bill for the legislation and court reviews. 

If the law was intended to curtail or punish the selling of "sexually explicit materials," not only wasn't the language of the bill poorly thought out, it was also a direct attempt to legislate taste and curtail free speech. 

In either scenario, Indiana legislators who approved the bill acted inappropriately and should be voted out of office and forced to work for Larry Flint as punishment for wasting taxpayer money and attempting to cripple the constitution.    

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