or painting) of licentiousness or lewdness: a portrayal of erotic behavior designed to cause sexual excitement"). Black's Law Dictionary followed the Miller test and defined pornography as material that taken as a whole the average person, applying contemporary community standards, would find appealing to the prurient interest. Heinle's Newbury House Dictionary of American English (2003) defined pornography as "obscene writings, pictures, or films intended to arouse sexual desire". The Antipornography Civil Rights Ordinance defined pornography as the "graphic sexually explicit subordination of women, whether in pictures or in words". The ordinance was ruled unconstitutional by the Federal Appeals Court in American Booksellers v. Hudnut in Indianapolis (1985). Courts in California and New York have clearly rejected the argument that the making of pornography is prostitution. (See California v. Freeman (1988) and People v. Paulino (2005).) The Oregon Supreme Court went even further in State v. Henry (1987) by abolishing the legal definition of obscenity in that state, ruling it violated freedom of speech as defined in the state constitution. Pornography as a legal term at the federal level, except the generic terms "hardcore pornography" and "child pornography", has not existed since the 1973 Miller v. California case.Ray C. Rist. The Pornography Controversy: Changing Moral Standards in American Life. 1973, . The United States Supreme Court in Miller v. California discussed pornography (which it referred to as "sexually explicit material") in terms of obscenity, which it held did not enjoy First Constitutional Amendment protection, but recognized that individual communities had different values and opinions on obscenity. The Court's definition of obscenity has come to be called the Miller test.Legal Issues, NetSafekids, National Academy of Sciences. Retrieved 29 June 2008. Since then several States have passed laws in terms of that test. Relying on the 1930 Smoot–Hawley Tariff Act and under the terms "obscene" and "immoral", the U.S. Customs and Border Protection prohibits the importation of any pornographic material ( "Immoral articles; importation prohibited"). Pornography as prostitution Attempts were made in the United States in the 1970s to close down the pornography industry by prosecuting those in the industry on prostitution charges. The prosecution started in the courts in California in the case of People v. Freeman. The California Supreme Court acquitted Freeman and distinguished between someone who takes part in a sexual relationship for money (prostitution) versus someone whose role is merely portraying a sexual relationship on-screen as part of their