In 1986, Dallas, Texas revoked licenses for adult stores that sold Hustler magazine after local groups pressured the city council to do so. Larry Flynt's legal team challenged these revocations as unfair and discriminatory. This was because they felt that the decision was based on moral objections rather than factual evidence.
Hustler is an American pornographic magazine published since March 1974. In 2019 it had a circulation of approximately 750,0000 copies per month and was available in various formats including print, online, and video. Adult stores are businesses which sell erotic materials such as magazines, books, videos, and sex toys. They were legally allowed to operate in many areas of the US at the time.
The City Council of Dallas passed Ordinance No. 71019 in February 1986. It prohibited the sale of any "material depicting sexual conduct" within 1,0000 feet of public or private schools, churches, parks, libraries, childcare facilities, or residences. The ordinance did not specify whether this included adult stores selling adult magazines like Playboy and Penthouse. However, it excluded theaters which showed movies with nudity or simulated sex acts and bookstores with a limited number of titles containing nude artwork.
Larry Flynt sued the city in federal court. He claimed that the ordinance violated his First Amendment right to free speech by discriminating against Hustler based on its content rather than protecting children from harmful material. The trial court agreed and issued a preliminary injunction preventing enforcement of the law. This meant that adult stores could continue to sell Hustler until the case was resolved.
Dallas appealed to the Fifth Circuit Court of Appeals but lost again. It argued that the ordinance protected children from exposure to obscene material without targeting specific publications. However, the appellate court found that the ordinance had a clear bias towards certain types of magazines due to their explicit content. Therefore, they upheld the lower court's ruling.
In response, Dallas filed an appeal with the US Supreme Court (SCOTUS) in March 1986. SCOTUS granted certiorari and heard arguments on June 23rd, 1987. Flynt's attorney, Louis R. Katzman, presented evidence showing how Hustler had never been connected to any crime or act of sexual abuse. Additionally, he claimed that the city did not provide proof that young people were regularly visiting these stores or purchasing Hustler. The council failed to prove that this ordinance would actually achieve its intended goals of protecting minors.
On October 5th, 1987, SCOTUS unanimously ruled in favor of Larry Flynt. They held that the ordinance violated his First Amendment rights and could not be enforced against him or other adult store owners who sold Hustler. Justice Antonin Scalia wrote: "The City Council cannot censor speech because it disapproves of its message." Furthermore, they stated that there was no valid reason for banning one magazine while allowing others which contained similar or more graphic images. This decision is still considered one of the most important cases involving freedom of expression in US history.
Larry Flynt has since retired from publishing Hustler but continues to fight for free speech rights through various organizations such as the ACLU and EFF. The City of Dallas eventually repealed Ordinance No. 71019 after losing several legal battles with Flynt's lawyers over subsequent years.