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Constitutional Law Keyed to Feldman
American Booksellers Ass’n v. Hudnut
Facts
Indianapolis enacted an ordinance defining “pornography” as a practice that discriminates against women or the “use of men, children, or transsexuals in the place of women.” This ordinance does not refer to the prurient interest, to offensiveness, or to the standards of the community. It demands attention to particular depictions, not to the work judged as a whole. Supporters of the ordinance say that it will help reduce the tendency in men to view women as sexual objects. Those who oppose the ordinance point out that much radical feminist literature is explicit and depicts women in ways forbidden by the ordinance.
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