Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Young v. American Mini Theaters, Inc

    Brief Fact Summary. Detroit, Michigan adopted a zoning ordinance that restricted the location of adult movie theaters and prevented too many to congregate near bars and other regulated establishments.

    Synopsis of Rule of Law. Content of speech may be used to restrict an activity, as long as the speech is not biased by such a restriction.

    Facts. Detroit, Michigan adopted a zoning ordinance that restricted the location of adult movie theaters. The adult movie houses were not to be located within 1,000 feet of any two other “regulated uses” and was to be located more than 500 feet from a residential area.

    Issue. Is a statute that regulates the location of adult movie theaters differently than regular movies constitutional?

    Held. Yes. This law does not restrict the communication of the material. It just limits the location of the message.

    Points of Law - for Law School Success

    The mere fact that the commercial exploitation of material protected by the First Amendment is subject to zoning and other licensing requirements is not a sufficient reason for invalidating these ordinances.

    View Full Point of Law
    Dissent. This is a time, place, and manner restriction. This type of restriction is to be used only with content neutral discriminations.

    Discussion. The city imposes restrictions on regular theaters as well. This restriction, although directed at the adult entertainment, is not abnormally harsh or unreasonable. The number of theater licenses were not limited, therefore, speech was not prohibited.


    Create New Group

      Casebriefs is concerned with your security, please complete the following