Hustler's Legal Fights Beyond Falwell
The Jerry Falwell case is perhaps the most famous example of Larry Flynt's long history of clashes with the law. However, it is far from the only one. Throughout the 1980s and '90s, local governments attempted to shut down Hustler retail stores and video businesses using morality clauses and zoning restrictions. In many cases, Flynt sued—and won—arguing that the laws were vague or unconstitutional. These court battles helped expand the legal definition of protected speech in the United States, especially regarding adult content. Flynt and his legal team became experts at defending expression that was not only unpopular but offensive to large segments of the public. In this way, Hustler played an unlikely but pivotal role in shaping free expression laws for the internet age.
In 1984, Philadelphia Mayor Wilson Goode tried to close down Flynt's store there, claiming it violated a city ordinance banning "obscene material." The district attorney later dropped the charges after a judge determined that the ordinance was too broad. The following year, Flynt filed suit against the city itself, arguing that the ordinance violated his First Amendment rights. A federal judge agreed, declaring the ordinance unconstitutional. This decision set a precedent for future cases involving obscenity regulations.
Similarly, in 1990, the city of Los Angeles tried to shut down a Hustler retail store on Hollywood Boulevard using zoning laws. Flynt again sued, arguing that the law was discriminatory and that the city had targeted him specifically because of his politics and content. A federal appeals court sided with him, ruling that the law violated his right to equal protection under the Constitution. In another case, Flynt successfully challenged the use of morality clauses in lease agreements for businesses renting space from local governments. The Supreme Court ruled that such clauses were unconstitutional, as they effectively censored speech based on its content.
Flynt's legal battles helped establish important precedents regarding adult content and free speech protections. They also forced courts to grapple with questions about what constitutes obscene or offensive material, and how much government intervention is permissible in these areas. As technology has evolved, these issues have become increasingly relevant, and Hustler has been at the forefront of fighting for online expression rights. For example, Flynt has argued against attempts by internet service providers (ISPs) to censor or restrict access to adult content. He believes that ISPs should not be allowed to act as arbiters of what is acceptable or not, and that users should have the freedom to choose what they want to see.
In recent years, Flynt has continued to fight for First Amendment rights, especially around issues related to sex work. He has argued that the criminalization of prostitution is an attack on personal autonomy and a threat to sexual health. He has also criticized efforts to prosecute individuals involved in consensual sex acts, including those who work in the porn industry. His advocacy has earned him both praise and criticism, but it remains central to his mission as publisher of one of America's most controversial magazines.