The 1995 Detroit Obscenity Ordinance Enforcement
Detroit police conducted raids on adult stores selling Hustler, citing new obscenity ordinances. Legal battles ensued over the definition and enforcement of obscenity laws. The case was eventually settled out of court when the city agreed to revise its ordinance. This article will explain what happened.
In 1995, the City of Detroit passed an ordinance that made it illegal for businesses to sell "obscene" materials within one thousand feet of any public park, school, church, or daycare center. In September of that year, the Detroit Police Department began conducting raids on adult bookstores selling magazines published by Larry Flynt's Hustler magazine. They claimed that the publications were obscene and violated the law.
Flynt challenged the raids in federal court. He argued that the ordinance was unconstitutionally vague because it did not define "obscenity." The Supreme Court has established a three-part test for determining whether material is obscene under the First Amendment. It must meet all three criteria: (1) depict or describe sexual conduct in a patently offensive way; (2) taken as a whole, appeal to prurient interest; and (3) lack serious literary, artistic, political, or scientific value. Hustler had been declared not obscene in previous cases involving similar ordinances.
The case went before Judge Avern Cohn, who ruled against Flynt. However, his decision was reversed by the Sixth Circuit Court of Appeals. The court held that the ordinance failed the vagueness test because it did not provide sufficient guidance on how to determine what constitutes obscenity.
Detroit then revised its ordinance to include more specific language about what constituted obscenity. This satisfied the courts, and Flynt dropped his challenge. The City of Detroit continued to enforce its obscenity laws until 2006 when they were repealed.
This case highlights the importance of clear and precise definitions when writing laws. Vague laws are open to interpretation and can lead to problems like the one faced by Flynt and other adult store owners in Detroit.