ABFFE UPDATE

July 11, 2008 Previously in ABFFE Update Volume 10, Number 7

Judge Strikes Down Indiana Bookstore Registration Law

On July 1, a federal judge in Indianapolis struck down an Indiana law requiring bookstores and other retail establishments that sell even a single “sexually explicit” book, magazine, video or recording to register with the state as an "adult" business and pay a $250 license fee. “Clearly, a vast array of merchants and materials is implicated by the reach of this statute as written,” Judge Sarah Evans Barker declared in a written opinion. “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 – all incidents of unquestionably lawful, non-obscene, non-pornographic material being sold to adults – would appear to necessitate registration under the statute.” The Indiana Attorney General has announced that he will not appeal the decision.

Barker agreed with ABFFE, Big Hat Books of Indianapolis, Boxcar Books and Community Center of Bloomington and the other plaintiffs that the law would have a chilling effect on the sale of constitutionally protected works. To avoid being labeled an “adult” store, retailers would have been forced to suppress the sale of almost all works with sexual content. “There can be no doubt that compliance with such a vague mandate will be unduly burdensome, will have a chilling effect on expression, and will fail to provide ordinary people with a reasonable degree of notice as to the law’s requirements; the Constitution demands no less,” Barker said. Click here to read bookseller reactions to the decision in Bookselling This Week. Click here to read Barker’s opinion.


Judge Sets October 3 Hearing in Oregon Case

A federal judge in Portland has set October 3 as the date for a final hearing in the challenge that ABFFE, six booksellers, and a coalition of groups have filed in an effort to overturn portions of Oregon's "harmful to minors" law.  U.S. District Court Judge Michael W. Mosman scheduled the hearing on the motion for a permanent injunction on June 30 after denying a request for a preliminary injunction.
 
Oregon House Bill 2843 makes it a misdemeanor punishable by up to one year in jail to allow a minor under 13 to view or purchase a “sexually explicit” work. Booksellers have challenged the law because it does not include a requirement that a book or magazine be judged as a whole in determining whether it is illegal. The U.S. Supreme Court requires such a test to protect works that contain only a few sexually explicit images or passages. Booksellers also object to the lack of an exemption for material that has serious literary artistic, political or scientific value for minors—another Supreme Court requirement. To read more about the case, click here.
 

ABFFE Seeks Booksellers to Sell the FREADOM Card

ABFFE is seeking bookstores to sell an improved version of its attractive FREADOM gift card. The FREADOM card is an easy way for booksellers to support free expression.  ABFFE provides the cards for free–covering the cost of the card, the matching presenter, and the 50 cents per card transaction fee–in return for a donation of 10 per cent of the gift card sale and any amounts later added to the card.  The card features the FREADOM logo and a wonderful Roger Roth illustration of the Statue of Liberty reading a book. The new version explains on its face that the bookseller is contributing a portion of the value of the card to protecting the freedom to read. Click here to see the card and obtain an order form.

To order the FREADOM card, e-mail Jill Perlstein, jill@bookweb.org, or fax the order form to (914) 373-6685.

FREADOM T-Shirts, Bookmarks, and More - Order Now for Banned Books Week!

Banned Books Week 2008 kicks off on Sept. 27. To help booksellers prepare, ABFFE is launching its annual sale of Banned Books Week products, including a new FREADOM bookmark that is priced at only $5 for 100.  The bookmark incorporates Roger Roth’s very popular image of the Statue of Liberty reading a book. There are also deep discounts on the T-shirts, buttons and stickers that incorporate ABFFE’s FREADOM logo.  The T-shirts are available in charcoal and forest green, as well as the traditional blue and black. Booksellers can order T-shirts customized with their store logo for just $1 extra per shirt. Customized orders must be received by September 1 to guarantee delivery in time for Banned Books Week.
To download an order form, click here.

For the first time this year, ABFFE will also offer Banned Books Week bracelets that feature cover art from frequently challenged books. Created by artist Carolyn Forsman, the bracelets are available in adult and young adult versions.  Click here to view the bracelets.

ABFFE makes it easy for booksellers to participate in Banned Books Week by providing an online handbook on its Web site, http://www.abffe.com/banned2007.htm.  The handbook describes a variety of activities, including the creation of simple displays and ideas for organizing easy events like readings from banned books.

Banned Books Week was launched in 1982 to draw attention to the growing number of challenges to books in schools, bookstores and libraries. It is sponsored by ABFFE, ALA, the Association of American Publishers, the American Society of Journalists and Authors, and the National Association of College Stores. For further information about Banned Books Week, contact Rebecca Zeidel, (212) 587-4025 ext. 13; rebecca@abffe.com.