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House adopts enforcement amendment to bar government funding of "obscene" performances; opponents warn of prior restraint

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Summary

The House approved an amendment to a criminal law bill that adds a mechanism to bar government entities from funding obscene performances. Supporters said it protects taxpayers; opponents warned it creates a prior restraint and chilling effect on local government programming.

The Indiana House adopted an amendment to Senate Bill 326 that adds an enforcement mechanism to bar government entities from funding what the amendment describes as "obscene" performances.

"Obscenity is a criminal statute in Indiana," Representative Ireland said while explaining the amendment and arguing the state needs a remedy to prevent taxpayer dollars from supporting illegal performances. Ireland said the measure was intended to ensure government entities could not use public…

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