ABFFE Condemns Indiana Bookstore Registration Law

March 25, 2008

The American Booksellers Foundation for Free Expression (ABFFE) has condemned a new Indiana law that requires mainstream bookstores to register with the government if they sell "sexually explicit materials." Indiana H.B. 1042 was signed into law last week by Gov. Mitch Daniels, despite the protests of ABFFE, the Great Lakes Booksellers Association, 15 independent booksellers, and others who sought to dissuade the governor from approving the legislation.

ABFFE noted that the law defines "sexually explicit" so broadly 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.

"It is un-American to force booksellers to register with the government based on the kinds of books they carry," said ABFFE President Chris Finan in a statement. "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 noted that a late change in the language of the bill narrowed its scope slightly. It no longer applies to all existing stores but to all new stores, stores that relocate, stores that open new outlets, and stores that do not currently sell "sexually explicit" material but begin doing so at a later date.

ABFFE, which is a member of the Media Coalition, is asking the group to file a legal challenge to the Indiana law. Other members of the Media Coalition include the Association of American Publishers and the Freedom to Read Foundation.

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