In Renton, Washington during 1986, Playtime Theaters purchased two movie theater locations in hopes of broadcasting movies of Adult films for public entertainment. The city of Renton placed a zoning ordinance in previous years prohibiting that adult films cannot be located within 1,000ft of a resident, church, park, or school. Playtime Theaters felt that the city of Renton location ordinance was a violation of the First and Fourteenth amendments of the United States Constitution. Playtime Theaters decided to file a suit in Federal District Court seeking an injunction and declaratory judgment claiming that their First and Fourteenth amendment were violated, because of the type of films that they were going to showcase. On November 12, 1985, …show more content…
Playtime theaters, Inc. I would have to agree with the majority that Renton was not in violation of restricting Adult theaters to certain locations. There are many factors throughout this year long case that proves Renton was not in the wrong and had a right to put restrictions for the overall safety of the community. Playtime Theaters, Inc. tried to argue that their first and fourteenth amendments were constitutionally violated. If one takes a closer look at the ordinance that the city of Renton enacted in April, 1981, it prohibited any Adult motion picture theater from being located within 1,000 ft. of any residential zone, single- or multiple-family dwelling, church, or park, and within one mile of any school. “The court found that the Renton ordinance did not substantially restrict First Amendment interests…the purposes of the ordinance were unrelated to the suppression of speech, and that the restrictions on speech imposed by the ordinance were no greater than necessary to further the governmental interests involved” (1986, p.475). Overall, the city of Renton enacted this ordinance to protect the secondary affects that Adult film theaters can have on a community, not to purposely restrict sexual content for the viewing of the …show more content…
Rather the court of appeals, justified that Renton’s zoning ordinance was based on content and location which was applicable for the protection of the community. If Renton was not looking out for the safety of the community, I can see how the respondents could have won this case. The respondents did not have enough, factual based evidence showing that Playtime theaters would not have negative impact on the community. I think in this overall case; Playtime Theaters didn’t have solid evidence defending The City of Renton concerns for the secondary effects that Adult motion films can have on the surroundings of its
The issue was, “Should a principal restrict student speech at a public school event when that speech can reasonably be viewed as promoting illegal drug use?”, they said yes it’s conservative. Justice said that the 1st Amendment rights
They decided to take their case even further and took it to the United States Supreme Court, hoping to overturn the previous cases that were held at the state level. “We feel that we have a strong case. Arkansas Times is being discriminated against and the state isn’t treating it the same as they are other magazines and newspapers from Arkansas,” the attorney for Arkansas Times told the press before walking into the final hearing. “It’s a discriminatory tax and violates the first amendment.”
Supreme Court, in Burstyn v. Wilson, declared that the right of Americans to communicate, and receive ideas must be given and the states and cities were given fair warning that the era of total state interest was over. The majority of the Court did not follow Justice Frankfurter and simply declare the New York law void for vagueness. Instead they declared that movies were entitled to free speech protection. And even though this might not mean the application of the identical rules that govern other media of communication, it meant some protection, yet to be defined
Ruling: the court ruled that separate but equal facilities
These theaters consisted of schools, churches, factories, and closed off streets (Ross) . This may have been one influence to the off-off-broadway theatre movement, later in the 1960’s. They did not produce shows in every state because many lacked the proper theatre professionals (Flanagan). However, 40 states did have shows running and before this many people did not have access to such a luxury. Theatre was very expensive in the 1930’s.
According to the 14th amendment, Glen Echo Park is breaking the rule for denying people 's liberty. According to dictionary.reference.com the literal definition for liberty is as follows… •freedom from arbitrary or despotic government or control •freedom or right to frequent or use a place These mean that Mr. Davis should have been able to attend the Glen Echo Amusement Park. This shows that the Glen Echo park disobeyed the 14th Amendment, according to the definition. Furthermore, Mr. Davis should have been given liberty and equality.
Bank’s lawsuit fought that Pennsylvania’s Long Term Segregation Unit policy of denying newspapers, personal photographs, and magazines violated his First Amendment rights. The majority opinion doesn’t explicitly dispute whether Bank’s first amendment rights are being impeded, but justify the policy because its intent is rehabilitation. More importantly, the emphasis in the opinion appears to rest partly on Bank’s failure to prove the presumptuous nature of the policy, rather than solely basing the decision off the conclusion that Pennsylvania LTSU policy is justified. Breyer says the judgment of the prison officials is validated because Bank’s failed to introduce evidence that has proved otherwise.
I. Issue: Morse vs. Frederick, 2002; Frederick, a high school senior, hung a banner saying: “Bong Hits 4 Jesus” at a school supervised activity. Morse, the principal, suspended him for 10 days saying the banner promoted illegal drug use to those attending the school supervised activity. Frederick sued Morse saying his First Amendment rights were violated. Issue: Does the First Amendment allow public school to prohibit students from displaying banners with messages promoting use of illegal drugs at school supervised activities? II.
United States, because the question is being whether the federal obscenity statute violates the First Amendment of the constitution, is different from one dealing with state legislation under the Fourteenth Amendment. The federal government should not be allowed to suppress an individual only because the state has also done it. Justice Harlan states that since the government may protect itself from any revolution, the federal government then has the power to deprive speeches that threaten that security. Nevertheless, given that these cases deal with obscenity, they deal directly with the States, and not the federal government mainly because Congress has no power over sexual moralities. Justice Harlan does not support this conviction being
Prior Restraint in the early 20th century was certainly different than it is today. In today’s publications legal action against free speech is of the post facto type, which means a message can be sent or delivered before the government can initiate an action against it. Prior restraint illustrates the principle of gatekeeping “like a gate on a channel, the intermediary gatekeeper allows some messages to get through and bar others” (238). In 1925 Minnesota legislature made an approval of a prior restraint law and it stated “obscene, lewd and lascivious or malicious, scandalous and defamatory publication was guilty of a nuisance and could be stopped by court order from further publication or distribution” (238). By doing this the law was tested
The primary step in First Amendment free speech analysis is to determine whether the statute is conduct based or content neutral, and then apply the proper level of scrutiny.(Burson v. Freeman, 504 USC 191, 197-198). The limitation of sex offenders’ ability to access certain commercial social networking sites is content neutral. There may be certain times that where the government’s regulation has an incidental affect on expression. A regulation that serves purposes unrelated to the content of expression is content neutral, even if it has an incidental effect on some speakers or messages. (Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47-48 (1986).)
Mr. Rolleston has 216 rooms in his motel and was denying even the open rooms to blacks (McClain, 2012). The court case was first argued at the state level in October 5, 1964 (Heart of Atlanta Motel, Inc. v. United States, 1964). Rolleston appealed all the way to the to the supreme court in December 14, 1964, saying that this violated his 5th and 13th amendment (Heart of Atlanta Motel, Inc. v. United States, 1964). Moreton Rolleston’s main argument was that as a business owner he can run his business how he sees fit and the government cannot regulate this type of business practice (McClain, 2012). A crucial fact about the case is that over three fourths of the customers were residents outside the State of Georgia (Heart of Atlanta Motel, Inc. v. United States, 1964).
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
Constitution protects speech, publications, or expression of any kind. Generally, however, the First Amendment is interpreted to mean that Congress can only limit speech when the need for a particular restriction is extremely compelling or when there is a type of speech (such as pornography or certain threats of imminent violence) that infringes on another right or freedom. When speech is restricted by the government, a “narrowly tailored” law must be passed to address just the specific need identified. Thus, under certain circumstances, speech in its many forms is subject to regulation. In determining what degree is permissible, the courts balance the interests of the state with the interests of some greater public good.
This trial is on Walt Disney Studios vs. Faden on the work Professor faden made to inform people on copyright, fair use and infringement. They are battling over copyright and fair use on this video. Walt Disney Studios claims that Faden’s work is copyrighted and is suing for infringement. But Professor Faden claims that he followed all the rules on copyright and he thinks it is fair use. “ Defendence you make take your stands,”The judge says in an assertive voice.