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Booksellers Incensed Over Sexual Content Law

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posted on Mar, 26 2008 @ 10:05 PM
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Booksellers Incensed Over Sexual Content Law


www.indystar.com

A new state law that requires sellers of adult material to register with the state has Hoosier bookstore owners fuming about government censorship and threatening a legal challenge.

"This lumps us in with businesses that sell things that you can't even mention in a family newspaper," said Ernie Ford, owner of Fine Print Book Store in Greencastle.

Ford was talking about House Enrolled Act 1042, which Gov. Mitch Daniels signed into law last week. Ford was one of 15 independent Indiana booksellers who signed a letter last week urging Daniels to veto the legislation.

The new law that takes effect July 1 requires businesses that sell sexually explicit material to pay a $250 fee and register with the secretary of state, which would then pass the information to municipal or county officials so they can monitor the businesses for potential violations of local ordinances.
(visit the link for the full news article)




posted on Mar, 26 2008 @ 10:05 PM
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"The way we read this bill, if you stock a single book with sexual content -- even a novel or a book about sex education -- you will have to register as a business that sells sexually explicit material," said Chris Finan, president of American Booksellers Foundation for Free Expression.

"This is just outrageous from our standpoint, and we believe it is a violation of the First Amendment."


Hide your Harlequin Romances...here come the book police! It's time lawmakers were more worried about people having food to eat in the kitchen instead of what we are reading in the bedroom.

This law is so broad that it could potentially affect every bookseller in the state. If it is upheld...watch other states to begin following the leader. When you start to consider DVD rental stores and others the scope is immense. How is this not censorship?

www.indystar.com
(visit the link for the full news article)



posted on Mar, 26 2008 @ 10:23 PM
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Oh my gosh, I just had to read that again just to make sure what I was thinking was correct. So Barnes&Nobles and other booksellers will have to go about registering because of potential fantasy novels that have sex scenes in them? I know I read a few books I got from B&N that had some sexual content in it but it was more of mixing realism with fantasy environment.

The scary part is that it will take effect on July 1st, which makes me wonder...Did people talk about this at all? Were they "tricked" or mislead into approving something like this? Or did the government just take the stick and walk with it? Either way whatever happened, I shall have a strong fear and hope that other states won't follow.

Edit --
Star+Flag

[edit on 26-3-2008 by Leviatano]



posted on Mar, 26 2008 @ 10:36 PM
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Somebody call Guy Montag and the rest of the firemen.

This is pretty sad. If they can do this with sexually explicit books (basically 90% of books ever written for teens) then what's to stop them from doing this with books that are claimed to be too violent? What'll stop them from doing this to books that are too politically sensitive? It might not seem to big now but it sets a dangerous precedent.

Something tells me that eventually we're all going to know the number 451 and it's meaning real well.



posted on Mar, 26 2008 @ 10:44 PM
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Books being screened by the self appointed censors and upholders of morality, the county officials, so they can monitor for violations. Can the WWW. be far behind?

Torture, violence, blood and guts are OK but that sex stuff is offensive.
American sensibilities are so distorted, it borders on mental illness.

I know the meaning of "Fahrenheit 451"

It's a brave new world, welcome to the monkey house.

[edit on 26-3-2008 by whaaa]



posted on Mar, 26 2008 @ 11:31 PM
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To save the other fire starters from having to come up with new words for the other 49 states...here is what the law says....


The law's definition of sexually explicit material refers to Indiana Code 35-49-2-2, which describes "matter or (a) performance harmful to minors" if:

»1. It describes or represents, in any form, nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

»2. Considered as a whole, it appeals to the prurient interest in sex of minors.

»3. It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors.

»4. Considered as a whole, it lacks serious literary, artistic, political or scientific value for minors/


I had to read the article twice myself thinking surely not...surely. But yes...he did...they did. It's done.

The Governor's office is denying that he received the letters of concern from booksellers before he signed this into law. This is a very broad brush and it is through legislation such as this that our constitutional rights can be whitewashed away...all in the name of protecting the decency of our minor citizens. This honestly could be applied to any medium. I'm thinking television alone wouldn't make it through one nite of network broadcast without some program or advertisement violating this "criteria."

I can hear THEM now, "Burn, burn...let them burn." They are out there and this is all the ammo they need. Lock up your libraries and don't allow minors to enter...seller beware.




posted on Mar, 27 2008 @ 12:41 AM
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reply to post by DancedWithWolves
 


The law's definition of "smut" is actually the US Supreme Court's definition of obscenity. According to US Supreme court precedent, the government can still regulate or ban obscenity without violating the first amendment.

No censorship will occur of non-hardcore pornography, provided the state of Indianna sticks to the Supreme court definition of obscenity.According to the Supreme Court obscenity only appeals to the prurient interest. Trashy romance novels, sex education books, art books that contain nudes, etc. do no only appeal to the prurient interst and so are not legally obscene. They have some redeeming educational or artistic value. Hard core pornography on the other hand, may not have any redeeming educational or artistic value.

This is not to say that banning hard core pornography cannot be troublesome. This is also not to say that the state of Indianna could define obscenity too loosely to include materials that may have some redeeeming social value like sex education books.



posted on Mar, 27 2008 @ 08:48 AM
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The bill was aimed specifically at helping counties that do not have zoning ordinances track businesses selling sexually explicit material...


I think this is the true intent. Because of this...


...targeting adult stores popping up in rural areas along interstates in Southern Indiana.


Hey, if the economy closes other businesses/industries, porn always sells. It's good old fashioned American enterprise and free market at work.

Perhaps if the economy were better, there would not be a need for businesses like this to spring up all over. Perhaps a disastrous economy is the real obscenity here.



posted on Mar, 27 2008 @ 09:11 AM
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I'm sure the reason for this law is ONLY to collect money. It's another hidden tax for the state. They don't care about what is published; it's only reason is to collect money. The lawmakers should concentrate on more pressing issues.



posted on Mar, 27 2008 @ 09:30 AM
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4. Considered as a whole, it lacks serious literary, artistic, political or scientific value for minors


Depending on the reviewer, couldn't this be applied to any book? Seems like it is method to target any store or written work. Guess thought processing in writing laws is going downhill or the moral police are moving uphill.



posted on Mar, 27 2008 @ 09:43 AM
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I wonder how long it will be before bookstores here just stop selling anything that may require them to register just so they don't have to pay the registration fee.



posted on Mar, 27 2008 @ 12:55 PM
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Lets see , our government says you will not be able to travel by plane unless you have a "Real ID" within a couple months, Hitler banned travel.

The Government is saying you cant sell certain books unless you register and pay a fee, Hitler has book burning parties and bans certain books.

USA working to become the Best Biggest NAZI Nation there is. Look out as soon you will not be able to go 2 blocks without a soldier or cop saying " Papers please".



posted on Mar, 27 2008 @ 01:05 PM
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What no more Judy Bloom, how will I teach my kids about sex,lol. But seriously I work in what is defined as the sex trade (Im a dj at a gentelmans club) and I will tell you that laws like this are ALWAYS popping up to try to control and regulate and the fact that this happened in Indy comes as no supprise to me at all. Its more of a morality (in there eyes) control than anything else. I have seen WAY to many of these laws pop up only to be full of loopholes because sometimes the vague wording in these things works in OUR favor.



posted on Mar, 27 2008 @ 01:26 PM
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This is terrifying. How can you constitute what is meant to arouse? Any sort of talk about sex, repurcussions of sex, or even anything strange or out of the ordinary can arouse.

There are people aroused by bare feet, for pity's sake!

I agree, this law is meant to legislate morality. Why, WHY can we not stop trying to legislate one distinctive view on morality?

As a writer this truly, truly and deeply breaks my heart.



posted on Mar, 27 2008 @ 01:30 PM
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Originally posted by Nailer
Lets see , our government says you will not be able to travel by plane unless you have a "Real ID" within a couple months, Hitler banned travel.

The Government is saying you cant sell certain books unless you register and pay a fee, Hitler has book burning parties and bans certain books.

USA working to become the Best Biggest NAZI Nation there is. Look out as soon you will not be able to go 2 blocks without a soldier or cop saying " Papers please".


They seem to be doing more than working towards this end... I'd say they've very nearly completed the coup, considering the legacy of Prescott Bush and his Banker buddies.

Soon you will have to 'register' anything that the government can declare unfit for the 'homeland.' People, start collecting books now, the copy you save may be the only one in existence in a few years.



posted on Mar, 27 2008 @ 02:26 PM
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I don't get it. Basically this bill would mean that every single bookstore would have to register so what's the point? Not even a Christian bookstore would be exempt. The Bible is full is sex stories.

[edit on 27-3-2008 by zerotime]



posted on Mar, 27 2008 @ 04:20 PM
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Originally posted by hotpinkurinalmint
reply to post by DancedWithWolves
 

No censorship will occur of non-hardcore pornography, provided the state of Indianna sticks to the Supreme court definition of obscenity.


Says who?



posted on Mar, 27 2008 @ 04:21 PM
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Originally posted by rhawkins
What no more Judy Bloom, how will I teach my kids about sex,lol. But seriously I work in what is defined as the sex trade (Im a dj at a gentelmans club) and I will tell you that laws like this are ALWAYS popping up to try to control and regulate and the fact that this happened in Indy comes as no supprise to me at all. Its more of a morality (in there eyes) control than anything else. I have seen WAY to many of these laws pop up only to be full of loopholes because sometimes the vague wording in these things works in OUR favor.

That really is not good enough and is no justification.



posted on Mar, 27 2008 @ 04:23 PM
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Originally posted by whaaa
Books being screened by the self appointed censors and upholders of morality, the county officials, so they can monitor for violations.


Imagine the opportunities for extortion here. Not the overt extortion of taxes, but the covert extortion of blackmail. "Joe's got books, Chief." "Oh, its OK, Ned, he donates to the association. Hand me another book to check. Oh yeah, LOOK at THAT!"


Can the WWW. be far behind?


I can see it now. Amazon.com behind bars. UPS men in jail for 'aiding and abetting'.

I wish I lived there to bring a class action lawsuit for violation of freedom of speech.

Remember: extortion OK, love NYET !



posted on Mar, 27 2008 @ 08:08 PM
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This is absolutely preposterous! Im offended by incrementalism! Our government can do this with books, but yet they will continue to allow even raunchier material and disinformation in the media...



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