INDIANAPOLIS, IN — A new state law that requires retailers to register with the government if they sell “sexually explicit materials” has Indiana booksellers up in arms.HB 1042 was signed into law last week by Gov. Mitch Daniels. Under the law, “sexually explicit material” is defined as any product that is “harmful to minors” under existing statutes. In addition to registering all locations at which such materials are offered to the Indiana public, companies also must provide a statement detailing the types of products to be sold. The Secretary of State is tasked with identifying all registrants to local government officials and zoning boards. There is a $250 registration fee. Failure to register is a misdemeanor.
According to critics, the law defines “sexually explicit” so broadly that it could apply to bookstores that sell mainstream novels and other artistic works with sexual content as well as educational books about sexuality and sexual health. That’s what upsets the American Booksellers Foundation for Free Expression, an organization that represents bookstores and publishers in anti-censorship efforts.
“It is un-American to force booksellers to register with the government based on the kinds of books they carry,” ABFFE President Chris Finan said. “It is also unconstitutional, and we intend to do everything we can to challenge this violation of the First Amendment rights of Indiana booksellers and their customers.”
Finan said ABFFE will ask the Media Coalition to file a legal challenge to the Indiana law. The Media Coalition defends the rights of businesses that produce and distribute books, magazines, movies, videos, recordings and videogames that are protected by the First Amendment. Its members include ABFFE, the Association of American Publishers and the Freedom to Read Foundation.
In a letter of protest co-signed by 15 independent bookstores, the Great Lakes Booksellers Association and Borders and delivered to the governor before he signed the bill, ABFE noted, “Booksellers in the United States are in a fierce competition to serve the needs of American readers. Despite our differences, however, we all believe that it is a critical part of our role as booksellers to defend the right of our customers to have access to all books, magazines, recordings and other materials that are protected by the First Amendment. Demanding that bookstores register with the state before selling works they have a legal right to sell is anathema to the First Amendment.”
