The 1989 Louisiana Anti-Porn Ordinance was passed to prevent children from accessing pornographic material in public places. It required that magazines containing nudity or sexually explicit content be moved out of view of minors or covered up with opaque covers when displayed for sale. Larry Flynt, the publisher of Hustler magazine, challenged the ordinance in court, claiming it violated his First Amendment right to free speech. He won the case, but the ordinance continued to create controversy across the United States.
In July 1984, the Supreme Court upheld an earlier decision that adult bookstores could sell materials deemed obscene under local laws. This set the stage for the Louisiana Anti-Porn Ordinance. The law was introduced by State Representative David Duke and enacted by the state legislature in 1985. It stated that any publication depicting "sexual conduct" could not be displayed where minors were present without being hidden or placed behind countertops.
Flynt sued Louisiana Governor Edwin Edwards and East Baton Rouge Parish Sheriff Earl K. Long, arguing that the law violated the First Amendment's guarantee of freedom of speech. In 1986, a federal district court ruled against him, saying that the ordinance did not impose undue burdens on the press. However, the Fifth Circuit Court of Appeals reversed this ruling in 1987.
The Supreme Court then agreed to hear the case, which was renamed as Flynt v. Sullivan. In February 1988, they issued their landmark decision, finding that while the government has the right to regulate offensive material, such measures must be narrowly tailored and serve a compelling interest. The law required retailers to cover up magazines with opaque covers rather than move them out of sight, which was considered too restrictive. Additionally, the majority of justices felt that there was no compelling reason to require retailers to hide adult publications.
This ruling became known as the Miller test and is still used today to determine whether something meets the standard of obscenity under local laws. However, it also created confusion across America regarding what constituted pornography and how much power governments have over its distribution. Many states began enacting similar laws after the ruling.
In conclusion, the 1989 Louisiana Anti-Porn Ordinance sought to protect children from accessing sexual content, but faced legal challenges from Larry Flynt and others who claimed it violated their rights. Despite initial success at the state level, the case eventually went all the way to the Supreme Court, where it established new standards for regulating obscene materials. Its legacy continues to influence debates about censorship in America.