Disseminating Indecent Material to Minors (H 7766A, S 2610A)

The First Amendment problems continue with legislation aimed at prohibiting the electronic dissemination of “indecent material” to minors, which was passed by the House in June. In March and April, the ACLU testified before the Senate and House Judiciary committees, respectively, that the legislation’s overly broad definition of “indecent materials” would encompass award-willing films containing full frontal nudity, art pieces, and even sex education texts. Any individual who transmits these images to a minor is subject to felony charges, five years in prison, a fine, and mandatory sex offender notification requirements. Despite these concerns, the legislation was approved by the Senate, and is now headed to the Governor’s desk; the ACLU has requested a veto.