American Booksellers v. Hudnut
Encyclopedia
American Booksellers v. Hudnut, 771 F.2d 323
(7th Cir. 1985), aff'd mem., 475 U.S. 1001 (1986), was a 1985 court case that challenged the constitutionality
of the Antipornography Civil Rights Ordinance
, as enacted in Indianapolis
, Indiana
.
" 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:
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."
The case was first heard by the United States District Court for the Southern District of Indiana
. Petitioners appealed the case to the United States Court of Appeals for the Seventh Circuit
.
, writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional. The ordinance did not refer to the prurient interest, as required of obscenity
statutes by the Supreme Court in Miller v. California
, 413 U.S. 15 (1973). Rather, the ordinance defined pornography by reference to its portrayal of women, which the court held was unconstitutional, as "the First Amendment means that government has no power to restrict expression because of its message [or] its ideas."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(7th Cir. 1985), aff'd mem., 475 U.S. 1001 (1986), was a 1985 court case that challenged the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Antipornography Civil Rights Ordinance
Antipornography civil rights ordinance
The Antipornography Civil Rights Ordinance is a name for several proposed local ordinances, closely associated with the anti-pornography radical feminists Andrea Dworkin and Catharine MacKinnon, that proposed to treat pornography as a violation of women's civil rights,...
, as enacted in Indianapolis
Indianapolis
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
.
Background
Indianapolis enacted an ordinance defining "pornographyPornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
" 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 objectsSexual objectificationSexual objectification refers to the practice of regarding or treating another person merely as an instrument towards one's sexual pleasure, and a sex object is a person who is regarded simply as an object of sexual gratification or who is sexually attractive...
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 animalsZoophiliaZoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...
; or - Women are presented in scenarios of degradation, injury abasement, tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, 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
Transsexualism
Transsexualism is an individual's identification with a gender inconsistent or not culturally associated with their biological sex. Simply put, it defines a person whose biological birth sex conflicts with their psychological gender...
in the place of women in paragraphs (1) through (6) above shall also constitute pornography under this section."
The case was first heard by the United States District Court for the Southern District of Indiana
United States District Court for the Southern District of Indiana
The U.S. District Court for the Southern District of Indiana was created in 1928 by an act of Congress that split Indiana into two separate districts, northern and southern. The Southern District is divided into four divisions, Indianapolis, Terre Haute, Evansville and New Albany...
. Petitioners appealed the case to the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
.
Holding
Judge EasterbrookFrank H. Easterbrook
Frank Hoover Easterbrook is the Chief Judge of the United States Court of Appeals for the Seventh Circuit. He has been Chief Judge since November 2006, and has been a judge on the court since 1985...
, writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional. The ordinance did not refer to the prurient interest, as required of obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
statutes by the Supreme Court in Miller v. California
Miller v. California
Miller v. California, was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes...
, 413 U.S. 15 (1973). Rather, the ordinance defined pornography by reference to its portrayal of women, which the court held was unconstitutional, as "the First Amendment means that government has no power to restrict expression because of its message [or] its ideas."
See also
- Anti-pornography movementAnti-pornography movementThe term anti-pornography movement is used to describe those who argue that pornography has a variety of harmful effects, such as encouragement of human trafficking, desensitization, pedophilia, dehumanization, sexual exploitation, sexual dysfunction, and inability to maintain healthy sexual...
- Andrea DworkinAndrea DworkinAndrea Rita Dworkin was an American radical feminist and writer best known for her criticism of pornography, which she argued was linked to rape and other forms of violence against women....
- Catharine MacKinnonCatharine MacKinnonCatharine Alice MacKinnon is an American feminist, scholar, lawyer, teacher and activist.- Biography :MacKinnon was born in Minnesota. Her mother is Elizabeth Valentine Davis; her father, George E. MacKinnon was a lawyer, congressman , and judge on the U.S. Court of Appeals for the D.C. Circuit...
- Dorchen LeidholdtDorchen LeidholdtDorchen A. Leidholdt is an activist and leader in the feminist movement against violence against women. Since the mid-1970s, she has counseled and advocated for rape victims, organized against "the media’s promotion of violence against women", served on the legal team for the plaintiff in a...
- R. v. ButlerR. v. ButlerR. v. Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights; the outcome has been...
, [1992] 1 S.C.R. 452, a CanadianSupreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case reaching the opposite conclusion.