Indiana ACLU defeats censorship law

A federal court has 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 was to have taken effect on Tuesday, the day of the ruling. Local bookstores, the Indiana ACLU, and the Indianapolis Museum of Art all applauded the decision.

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.

"The problem is, sexually explicit materials was defined so broadly," said Ken Falk, legal director for the ACLU of Indiana. "We're not talking about quadruple-X videos. We're talking about 'Lolita' and 'The Joy of Sex' . . . great works of art."

The law could potentially have forced bookstores to choose between works that are protected by the First Amendment or be classified as an adult establishment, as well as creating an outside perception of Indiana as an unwelcoming state, particularly to industries such as conventions and publishing.