- 2002 Alamdea Books Facts: Reg. can’t have 2 adult business in one location, based on 1977 study that adult establishments are correlated with higher crime rates; closing an earlier loophole; Alameda 2 business under same roof – O’Connor Plurality CN IS – City can rely on from as factual support old study another city Kennedy Concurring – CN is pure fiction really CB – Test should be IS+ to ensure city is not attempting to ban the speech, which would be constitutional Souter Dissenting – Content Correlated; IS, but the strength of the test varies on the evidentiary support Lewd & Profane Overview Primary Effects CB (first section) Constitutional but government generally loses on NT/Tech issues – Valid CSI: Protecting children Protecting privacy of adults in home NT Application Technology Unconstitutional Invalid CSI: Offense Moral Corruption Cleansing public debate doesn’t matter invalid CSI NT – – Secondary Effects though CB treated as CN (second section) – Valid Important State Interest Property values Increased violence skid row – Urban blight Reduce crime NT: (greater deference) Factual study to prove not pretextual – NOT a complete ban Ample Alternative Avenues of Communication – (Alameda Kennedy concur) – Pornography Feminism Hate Speech – – Traditional Argument against Porn ban all porn Moral objection Feminist Argument against porn ban only porn that exhibits degradation, exploitation & oppression
Alamdea Books - 2002 Facts: Reg. can’t have 2 adult business in one location, based on 1977 study that adult establishments are correlated with higher crime rates; closing an earlier loophole; Alameda – 2 business under same roof O’Connor – Plurality CN IS City can rely on old study from another city as factual support Kennedy – Concurring CN is pure fiction – really CB Test should be IS+ to ensure city is not attempting to ban the speech, which would be constitutional Souter – Dissenting Content Correlated; IS, but the strength of the test varies on the evidentiary support Lewd & Profane Overview Primary Effects CB (first section) Constitutional – but government generally loses on NT/Tech issues Valid CSI: Protecting children Protecting privacy of adults in home NT Application Technology Unconstitutional Invalid CSI: Offense Moral Corruption Cleansing public debate NT – doesn’t matter – invalid CSI Secondary Effects though CB – treated as CN (second section) Valid Important State Interest Property values Increased violence – skid row Urban blight Reduce crime NT: (greater deference) Factual study – to prove not pretextual Ample Alternative Avenues of Communication – NOT a complete ban (Alameda – Kennedy concur) Pornography – Feminism – Hate Speech Traditional Argument against Porn ban all porn Moral objection Feminist Argument against porn ban only porn that exhibits degradation, exploitation & oppression
Con-Law-II-Nowlin-KK.docx