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Antipornography Civil Rights Ordinance


The Antipornography Civil Rights Ordinance (also known as the Dworkin-MacKinnon Antipornography Civil Rights Ordinance or Dworkin-MacKinnon Ordinance) is a name for several proposed local ordinances in the United States and that was closely associated with the anti-pornography radical feminists Andrea Dworkin and Catharine MacKinnon. It proposed to treat pornography as a violation of women's civil rights and to allow women harmed by pornography to seek damages through lawsuits in civil courts. The approach was distinguished from traditional obscenity law, which attempts to suppress pornography through the use of prior restraint and criminal penalties.

The ordinances were originally written in 1983 by Andrea Dworkin and Catharine MacKinnon, and supported by many (but not all) of their fellow members of the feminist anti-pornography movement. Versions of the ordinance were passed in several cities in the United States during the 1980s, but were blocked by city officials and struck down by courts, who found it to violate the freedom of speech protections of the First Amendment to the United States Constitution.

The idea of combating pornography through civil rights litigation in the United States was first developed in 1980. Linda Boreman, who had appeared in the pornographic film Deep Throat as "Linda Lovelace," published a memoir, Ordeal, in which she stated that she had been beaten and raped by her ex-husband Chuck Traynor, and violently coerced into making Deep Throat. Boreman held a press conference, with Andrea Dworkin, feminist lawyer Catharine MacKinnon, and members of Women Against Pornography supporting her, in which she made her charges public for the press corps. Dworkin, MacKinnon, and Gloria Steinem began discussing the possibility of legal redress for Boreman under federal civil rights law. Two weeks later, they met with Boreman to discuss the idea of pursuing a lawsuit against Traynor and other pornographers. She was interested, but Steinem discovered that the statute of limitations for a possible suit had passed, and Boreman backed off (Brownmiller 337). Dworkin and MacKinnon, however, began to discuss the possibility of civil rights litigation as an approach to combatting pornography.


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