1985),[1] aff'd mem., 475 U.S. 1001 (1986), was a 1985 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] in 1984 defining "pornography" as a practice that discriminates against women.
Judge Easterbrook, writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional.
[5] 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).
[6] 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.