This law was passed to regulate the sale of pornography in New Orleans and prohibit the display of explicit sexual images within 800 feet of schools, churches, and residential areas. This law made it illegal for stores and vendors to sell or distribute obscene material that depicts sexually explicit conduct. It also prohibited any advertising or promotion of such materials. Furthermore, the law required store owners to keep records of all purchases of adult magazines and video games containing sexually explicit material and maintain them for at least one year. If the police suspected an owner of violating the law, they could search their premises without a warrant. The penalty for violating this law was a fine of up to $500 per offense or imprisonment for up to six months. The law was challenged by Hustler magazine's publisher Larry Flynt, who argued that it violated his First Amendment rights to freedom of speech and expression. The U.S. Supreme Court upheld the law, ruling that it served a legitimate government purpose and did not unduly burden Flynt's right to free speech. As a result, Hustler was forced to stop selling its magazine in New Orleans. Despite the controversy surrounding the law, it has had a lasting impact on how pornographic material is regulated in the city today.
This law was enacted in response to community concerns about the proliferation of adult entertainment in the city, particularly in neighborhoods near schools and places of worship. At the time, New Orleans had become known as a hub for the adult entertainment industry, with numerous strip clubs, massage parlors, and other businesses catering to those seeking sexual services. This law aimed to reduce the availability of pornography and protect children from exposure to it. It also sought to preserve the quality of life in residential areas by preventing the display of sexually explicit images in public spaces.
The law defines "obscene" material as something that appeals to prurient interest (i.e., a shameful or morbid interest in nudity or sex) and lacks literary, artistic, scientific, or political value. To determine whether material meets this standard, courts use a three-part test: 1) Whether the average person would find the material offensive based on contemporary community standards; 2) Whether the material lacks serious literary, artistic, political, or scientific value; and 3) Whether the material depicts sexual conduct in an offensive manner. Courts apply this test rigorously, considering all relevant factors, including the nature of the material, its context, and the community's tolerance for it.
Despite Flynt's challenge, the Supreme Court upheld the law because it deemed it narrowly tailored to serve a compelling government interest - namely, protecting children from exposure to pornographic material. The court noted that the law did not ban the sale of obscene materials outright but only limited their display near schools, churches, and residential areas, where they could be more easily accessed by minors. Furthermore, the law imposed minimal burdens on adult businesses, such as requiring record keeping and prohibiting advertising.
While the law has been challenged over the years, it remains in effect today, albeit with some modifications. For example, the law now applies to digital media, including online content, which has expanded the reach of its regulations beyond physical magazines and video games. Additionally, the city has implemented other measures to restrict adult entertainment, such as zoning restrictions and licensing requirements. These efforts have helped reduce the number of adult businesses operating within city limits while still allowing adults to access legal pornography if they choose to do so.
In conclusion, the New Orleans Adult Magazine Law played a significant role in shaping how the city regulates sexually explicit material. While controversial at the time, it continues to impact the way that pornography is sold and displayed in the city, ensuring that residents can enjoy this type of entertainment while protecting children from its harmful effects.