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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
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    108,905
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    42
    The MacKinnon-Dworkin ordinance was functionally equivale... — Carmelics
    Home/Rights & Liberty
    HistoryEditSee Inverse

    The MacKinnon-Dworkin ordinance was functionally equivalent to censorship in practice

    Rights & Liberty
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.The ordinance allowed courts to award and enforce injunctions against publication of material demonstrated to be harmful
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    • 2.Enforced injunctions against publication produce the same practical effect as prior censorship bans
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Prior restraint operates before publication occurs, while the ordinance's civil remedies operated only after publication and demonstrated harm.
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    • 2.The constitutional distinction between prior restraint and post-publication civil liability is not merely procedural but reflects fundamentally different chilling effects on speech.
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    • 3.Subsequent civil liability, unlike prior censorship, permits expression to occur and reach audiences before any state intervention, preserving meaningful communicative opportunity.
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    Reason against 2 of 2
    ?
    • 1.The ordinance granted standing to victims of demonstrable harm rather than to state censors, structurally resembling tort law more than administrative censorship regimes.
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    • 2.MacKinnon explicitly grounded the ordinance in anti-discrimination law, a framework courts have consistently distinguished from First Amendment speech suppression mechanisms.
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    Rights & Liberty

    Related

    Enforced injunctions against publication produce the same practical effect as pr...MacKinnon explicitly grounded the ordinance in anti-discrimination law, a framew...Prior restraint operates before publication occurs, while the ordinance's civil ...Subsequent civil liability, unlike prior censorship, permits expression to occur...
    +3 moreShow less
    The constitutional distinction between prior restraint and post-publication civi...The ordinance allowed courts to award and enforce injunctions against publicatio...The ordinance granted standing to victims of demonstrable harm rather than to st...

    Similar

    The ordinance allowed courts to award and enforce injunctions against ...80%Mill holds a blanket prohibition on regulating conduct merely because ...73%Mill's allowance of regulating public drunkenness cannot be reconciled...72%Enforced injunctions against publication produce the same practical ef...72%

    Source

    AI-extracted1/3 agreementValid
    SEP: pornography-censorship
    View source passageHide passage
    In 1983, two of the most prominent anti-pornography feminists in the United States, Catharine MacKinnon and Andrea Dworkin, drafted an anti-pornography ordinance at the behest of the Minneapolis Council. A similar ordinance was passed by the Indianapolis City Council in 1984, but later overturned on appeal by the U.S. Supreme Court on the grounds that the ordinance violated pornographers’ First Amendment right to freedom of speech. Importantly, the ordinance did not seek to impose criminal prohi
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit