The latest shockingly disgusting thing to happen in the wide world of books this month happened in the state of Indiana where the legislature put forth bill H.B. 1042 and Governor Mitch Daniels proudly signed it into law. Here's a sampling:A person, firm, corporation, association, partnership, limited liability corporation, or other entity that intends to sell sexually explicit materials, products, or services shall register with the secretary of state the intent to sell sexually explicit materials, products, or services and provide a statement detailing the types of materials, products, or services that are intended to be sold.
After receiving a registration described (above), the secretary of state shall notify the local officials of the county in which an entity described (above) intends to sell sexually explicit materials, products, or services.... For purposes of this chapter, materials, products, or services are "sexually explicit materials, products, or services" if the materials, products or services are entirely without redeeming social value....
In other words, if you sell a book that has what the Indiana legislature considers to be without "redeeming social value", you have to register - ala a sex offender - with the State, which will run you a $250 bill. Then you go on a list. If you do not register and are caught peddling said explicit materials, you are subject to a Class B misdemeanor, which could leave you in prison for up to 180 days and out $1000. All for ostensibly selling someone The Story of O.
Thankfully, in response, Chris Finan of the American Booksellers Foundation for Free Expression (ABFFE) issued the following statement: "It is un-American to force booksellers to register with the government based on the kinds of books they carry. 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."
I can't imagine that this will not make its way through the courts on various appeals - in what way does the State of Indiana see this law as a constitutional one? I could be wrong, but this would seem to pretty much directly violate a person's First Amendment rights. Our fear of pedophilia and pornography - while relatively understandable, but not really in the same ballpark with each other - are constantly spilling over into the realm of normalcy, in this case, to your friendly neighborhood bookstore. Is the next step forcing consumers to register if they have any state-determined "sexually explicit" material in their homes? And who's interest is all of this in, exactly? Who is Indiana trying to protect, the theoretical, always-wandering-towards-the-precipice "children"? The law even excludes "public or nonpublic schools" since the are not selling anything - so where does the line actually get drawn? Who are these legislators to determine what is or is not appropriate reading material? Since Indiana's definition of "sexually explicit material" is so incredibly broad and shortsighted, one can only assume that booksellers are included as purveyors of smut. One would hope that the intent here is not to censor works of literature, but I just can't confirm that. The reality is that it's just sad that this sort of bogus legislation is able to make its way through so many levels of government - it passed 82-12 in the House, 44-2 in the Senate before the governor signed it. 44-2? That's just ridiculous. Or is it fascism?
If, like myself, you are curious about how such a horrible miscarriage of legislation was passed into Indiana law, I suggest that you ask Governor Mitch Daniels himself - use this helpful "Ask Mitch" section of the Indiana State Government's website. The only way that things like this will stop happening in this country is if the people speak up. So speak up!



