ILNews

Judge strikes down new obscene-material law

Michael W. Hoskins
January 1, 2008
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On the day a new Indiana law was set to take effect, U.S. District Judge Sarah Evans Barker struck it down as being unconstitutionally vague, overbroad, and a violation of the First Amendment.

The 31-page ruling was issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division, this afternoon in Big Hat Books, et al. v. Prosecutors, 1:08-CV-00596, a challenge to House Enrolled Act 1042 that would have required any person or organization wanting to sell literature or other material deemed harmful to minors under Indiana law to register with the Secretary of State and pay a $250 filing fee.

Plaintiffs, which included the Indianapolis Museum of Art, booksellers, and multiple publishing organizations, claimed that the new law is unconstitutionally vague, an unjustified content-based restriction on activity that is protected, is irrational and violates due process, and is a content-based punitive tax on First Amendment protected materials.

Judge Barker granted final summary judgment in the case, holding that it "unduly burdens First Amendment rights, and is unconstitutionally vague and overbroad."

Ken Falk, legal director of the American Civil Liberties Union of Indiana that had filed the suit, applauded the decision.

"This emphasizes the fact that it's incumbent on the legislature to think about the First Amendment and constitutional rights when they're drafting legislation," he said. "We hope that will happen more in the future."

This story will be updated in Wednesday's Indiana Lawyer Daily and the July 9 issue of Indiana Lawyer.
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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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