The Associated Press is reporting that U.S. District Judge Sarah Evans Barker has overturned Indiana's new leigislation on sexualy explicit material for being too vague, too broad and potentially applicable 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.
Plaintifs in the case included the Indianapolis Museum of Art, and several bookstores and publishers.
The author of the legislation, Rep. Terry Goodin, D-Crothersville, said he would confer with the state attorney general on next steps, but the options included taking the matter back to lawmakers in the 2009 legislative session.
Given Rep. Goodin's intent to not let this unconstitutional law die the death it deserves, it is more important than ever that we elect legislators and a governor who will abide by the US and Indiana Constitutions.