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

Juniper Ren Toplines Bryan Gozzling's 'Hookup Hotshot: Internet Sex Addicts Volume 6'

Juniper Ren headlines director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts Volume 6” from Evil Angel.

Brittany Andrews Stars in Latest From Pervz

Brittany Andrews stars with Mike Ox in a new scene from Pervz series PervPrincipal, titled “MILF Principal Makes a Dirty Deal with a Student.”

Ariel Demure Leads Latest From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure stars with Adam X Lee and Mark X in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Dicks and a Drildo Does the Trick.”

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Victor Ray in the latest release from Brazzers, titled “First Time Cheater, First Time Anal.”

Pleasure Chest to Close West Village Location

The Pleasure Chest has announced the closing of its West Village location in February 2026.

Svakom 'Sam Neo 2 Pro' Featured in Aftonbladet Review

Svakom's Sam Neo 2 Pro stroker is featured in a new review in Stockholm’s Aftonbladet newspaper.

Satisfyer Signs On as Sponsor of XBIZ Honors After-Party

Satisfyer has enlisted as the sponsor of the XBIZ Honors after-party, a capstone celebration to the Pleasure Industry’s Biggest Night™.

Chloe Temple Returns to Immoral Productions

Chloe Temple stars in a Christmas-themed trilogy from Immoral Productions, alongside Dean Van Damme and Charlie Dean.

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."

Show More