Federal Judge Throws Out Indiana 'Explicit Materials' Law

INDIANAPOLIS — A controversial state law that required retailers that sell "explicit material" to register with the state and pay a $250 fee has been thrown out by a federal judge in response to a suit filed by the ACLU.

U.S. District Judge Sarah Evans Barker ruled Tuesday that the law was too broad, saying it could be applied against "unquestionably lawful, nonobscene, nonpornographic materials being sold to adults."

"A romance novel sold at a drugstore, a magazine offering sex advice in a grocery store checkout line, an R-rated DVD sold by a video rental shop, a collection of old Playboy magazines sold by a widow at a garage sale ... would appear to necessitate registration under the statute," Barker wrote.

The American Civil Liberties Union represented a group of plaintiffs that included the Indianapolis Museum of Art and mainstream bookstores and publishers.

"It's a victory for booksellers and the arts community, but most importantly for the First Amendment," Maxwell Anderson, the art museum's CEO, told reporters. "I'm concerned, as we all should be, about restrictions on free expression."

Elizabeth Houghton Barden, owner of Big Hat Books, an independent, general-interest store in Indianapolis, said she and her fellow plaintiffs did not want to see lingerie shops opening up next to candy stores, but that was a matter for zoning boards.

The state representative who wrote the law, Terry Goodin, D-Crothersville, said he wanted to stop companies from deceiving communities that had weak zoning laws.

"I don't see this gray area that people are talking about," Goodin was quoted as saying. "To me, it's black and white. If you're selling pornography, you know it. If you're not, you don't have to register."

In Barker's ruling, she called the state law unconstitutionally vague.

"The statute provides no guidance whatsoever to merchants attempting to comply with the law, and surely creates the danger of self-censorship in an effort to avoid criminal penalties," the judge wrote.

Goodin said he would confer with the state attorney general before deciding what to do next. He did not rule out trying again with another bill in the 2009 legislative session.

ACLU attorney Ken Falk noted the plaintiffs included the volunteer-run Boxcar Books and Community Center in Bloomington, art galleries, and trade associations representing booksellers, publishers, libraries, video rental stores and music companies.

"They are all legitimate businesses that are far from being the 'dirty bookstore,'" Falk told reporters.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Munro Blaxxx Makes Her Hookup Hotshot Debut

Munro Blaxxx has made her Hookup Hotshot (HUHS) debut alongside studio honcho Bryan Gozzling.

Lilly Bell Leads Latest Release From Vampired

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars with Melody Marks in the latest release from Vampired, titled "Immortal Hunger."

Kyaa Chimera Fronts Latest From MYLF

Kyaa Chimera stars with Juan Loco in the latest release from MYLF, titled "Secret Recipe Requires a Creamy Collaboration."

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Lovense 'Spinel' Vibrator Featured in Wired Review

Lovense's Spinel mini sex machine is featured in a new review on Wired.com.

Leilani Li, Arson Leigh Star in Latest From Kink.com

Leilani Li and Arson Leigh star with Baxxx in the latest release from Kink.com's KinkTrans studio brand, titled "Open Your Hole, Fuckmeat!"

Creative Conceptions Now Shipping Skins Sexual Health 'Kegels'

Creative Conceptions is now shipping the new Skins Sexual Health kegel balls.

Chloe Amour, Katerina Karson Topline 'Mom's Lesbian Lover'

Chloe Amour and Katerina Karson headline "Mom’s Lesbian Lover," from Girlfriends Films.

Freya Von Doom Leads Latest From TeamSkeet

Freya Von Doom stars with Juan Largo in a new scene for TeamSkeet’s “Freaky Fembots” series.

Brazzers Premieres Limited Series 'The Three Fucks of Christmas'

Brazzers has released the first installment of its new limited series, "The Three Fucks of Christmas."

Show More