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Antipornography judgment
American Booksellers Ass'n, Inc. v. Hudnut Court United States Court of Appeals for the Seventh Circuit Full case name American Booksellers Association, Inc. v. William H. Hudnut, Mayor of Indianapolis Argued June 4, 1985 Decided August 27, 1985 Citation 771 F.2d 323 Prior history 598 F. Supp. 1316 (S.D. Ind. 1984) Subsequent history Rehearing and rehearing en banc denied, Sept. 20, 1985; aff'd mem., 475 U.S. 1001; fees awarded on remand, 650 F. Supp. 324 (S.D. Ind. 1986) Judges sitting Richard Dickson Cudahy , Frank H. Easterbrook , Luther Merritt Swygert Majority Easterbrook, joined by Cudahy Concurrence Swygert First Amendment
American Booksellers Ass'n, Inc. v. Hudnut F.2d 323 (7th Cir. 1985),[ 1] court case that successfully challenged the constitutionality of the Antipornography Civil Rights Ordinance , as enacted in Indianapolis , Indiana the previous year.
Indianapolis enacted an ordinance drafted by Catharine MacKinnon and Andrea Dworkin [ 2] pornography " as a practice that discriminates against women. "Pornography" under the ordinance was "the graphic sexually explicit subordination of women, whether in pictures or in words, that also includes one or more of the following:
Women are presented as sexual objects who enjoy pain or humiliation ; or
Women are presented as sexual objects who experience sexual pleasure in being raped; or
Women are presented as sexual objects tied up or cut up or mutilated or bruised or physically hurt, or as dismembered or truncated or fragmented or severed into body parts; or
Women are presented as being penetrated by objects or animals ; or
Women are presented in scenarios of degradation, injury abasement, torture , shown as filthy or inferior, bleeding, bruised, or hurt in a context that makes these conditions sexual; or
Women are presented as sexual objects for domination, conquest, violation, exploitation, possession, or use, or through postures or positions of servility or submission or display." The statute provides that the "use of men, children, or transsexuals in the place of women in paragraphs (1) through (6) above shall also constitute pornography under this section".[ 3]
The case was first heard by the United States District Court for the Southern District of Indiana , which declared the ordinance unconstitutional.[ 4] United States Court of Appeals for the Seventh Circuit .
Judge Easterbrook , writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional.[ 5] obscenity statutes by the Supreme Court in Miller v. California [ 6] [ 7]
^ American Booksellers Ass'n, Inc. v. Hudnut 771 F.2d 323 (7th Cir. 1985).^ McClain, Linda (2019). ""'Male Chauvinism' Is Under Attack From All Sides at Present": Roberts v. United States Jaycees, Sex Discrimination, and the First Amendment" . Fordham Law Review . 87 : 2386. Retrieved November 25, 2019 .^ Indianapolis Code § 16-3(q).
^ American Booksellers Ass'n, Inc. v. Hudnut 598 F.Supp. 1316 (S.D. Ind. 1984).^ Hudnut , 771 F.2d at 332.^ Hudnut, 771 F.2d at 324.^ Hudnut, 771 F.2d at 324, quoting Police Department v. Mosley 408 U.S. 92 (1972)
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitement sedition Defamation andfalse speech Fighting words andheckler's veto True threats Obscenity
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Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech
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Organizations Future Conduct Solicitation Membership restriction Primaries and elections
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