American Booksellers Association, Inc. v. William H. Hudnut, Iii, Mayor, City of Indianapolis

EASTERBROOK, Circuit Judge.

Indianapolis enacted an ordinance defining “pornography” as a practice that discriminates against women. “Pornography” is to be redressed through the administrative and judicial methods used for other discrimination. The City’s definition of “pornography” is considerably different from “obscenity,” which the Supreme Court has held is not protected by the First Amendment.

To be “obscene” under Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), “a publication must, taken as a whole, appeal to the prurient interest, must contain patently offensive…