The city of Indianapolis enacted an ordinance prohibiting pornography. It defined “pornography” as a “practice that discriminates against women,” specifically in a violent or “sexually explicit” manner. American Booksellers Ass’n (“American”) (plaintiff) challenged the constitutionality of the ordinance on the ground that it violated the First Amendment. American brought suit in federal district court against Hudnut (defendant), the mayor of Indianapolis. The district court held the ordinance unconstitutional, and Hudnut appealed to the circuit court of appeals.