Cleaning up Indiana

Not fit for Hoosier eyes?
Edouard Manet's "Olympia" (1863)

In the great state of Indiana, starting July 1, you're going to have to pay a $250 fee and register with the secretary of state in order to sell books "harmful to minors" by reason of having "sexually explicit" content, unless a suit succeeds in blocking the law. Registrants would be monitored by local governments, to which the registration list would be given. Sale of such materials without registration would be a misdemeanor.

"Sexually explicit" is a pretty vague term, which could be applied to much of contemporary American literature, even many classics, as well as books of art and photography, not to mention books about sex in marriage. The law includes materials containing "any form of nudity." Though the law does not forbid sale of any books, it is hard to imagine that it would not have an intimidating effect. If Ma's Bookshop in Doodletown, Ind., does not register, and sells a coffee-table art book containing photographs of Michaelangelo's "David" or Manet's "Olympia," Ma could be reported by local officials and fined.

Yesterday, the Association of American Publishers joined with several other groups, including the Great Lakes Booksellers Association, the ACLU, the Freedom to Read Foundation, and the Indianapolis Museum of Art, in filing suit against the law in federal court in Indianapolis, calling it a blatant violation of the First Amendment. AAP president Pat Schroeder said, in a statement, "Forcing bookstores to register with the government based on the content of the books they sell -- and to pay $250 for the privilege -- is abhorrent. It runs contrary to every understanding of our First Amendment rights."