Antipornography Civil Rights Ordinance

Dworkin, MacKinnon, and Gloria Steinem began discussing the possibility of legal redress for Boreman under federal civil rights law.

Public hearings were held by the city council, with testimony from Linda Boreman, Ed Donnerstein (a pornography researcher from the University of Wisconsin–Madison), and Pauline Bart, a radical feminist professor from Chicago.

A different version of the ordinance, rewritten to focus specifically on pornography that depicted violence, was passed by the Indianapolis city council and signed into law by Mayor William Hudnut on May 1, 1984.

In spite of the defeat in the courts, Dworkin, MacKinnon, and some other feminists continued to advocate versions of the civil rights ordinance, organizing campaigns to place it on the ballot as a voter initiative in Cambridge, Massachusetts, in 1985 (where it was voted down in the referendum 58%–42%), and then again in Bellingham, Washington, in 1988 (where it was passed).

The American Civil Liberties Union filed suit against the city of Bellingham after the ordinance was passed, and the federal court again struck the law down on First Amendment grounds.

Many anti-pornography feminists supported the legislative efforts, but others—including Susan Brownmiller and Janet Gornick—agreed with Dworkin and MacKinnon's critique of pornography, but opposed the attempt to combat it through legislative campaigns, which they feared would be rendered ineffectual by the courts, would violate principles of free speech, or would harm the anti-pornography movement by taking organizing energy away from education and direct action and entangling it in political squabbles (Brownmiller 318–321).

The Court's decision cited extensively from briefs prepared by the Women's Legal Education and Action Fund (LEAF), with the support and participation of Catharine MacKinnon.

[5] Ronald Dworkin states that the Ordinance rests on the "frightening principle that considerations of equality require that some people not be free to express their tastes or convictions or preferences anywhere.