First Amendment topicsAbout the First Amendment
 
FW/PBS., Inc. v. City of Dallas (docket #: 87-2012) (1990)  [Findlaw]

Argument Date 10/04/1989
Decided 1/9/1990
Supreme Court Vote 2-7-0
Note Decided together with MJR Inc. v. City of Dallas (No. 87-2051) and Berry v. City of Dallas (No. 88-49)
Supreme Court Ruling First Amendment claim upheld in part, denied in part
 
IssueWhether a Dallas ordinance licensing "sexually oriented businesses" amounted to a prior restraint on protected expression, violating the First Amendment.
 
City of Littleton v. Z.J. Gifts (2004)  [Findlaw]

Secondary Link City of Littleton v. Z.J. Gifts  [Legal Information Institute]
Argument Date 03/24/2004
Decided 6/07/2004
Supreme Court Vote 9-0
Supreme Court Ruling First Amendment claim denied.
 
IssueTo what extent, consistent with the First Amendment, must prompt judicial review be assured in adult-business licensing cases?
Majority Opinion O'Connor, J. (in Parts I, III and IV)
Concurring Opinion Brennan, J. (joined by Marshall, J. & Blackmun, J.), White, J. (concurring in part and dissenting in part, joined by Rehnquist, C.J.), Stevens, J. (concurring in part and dissenting in part), & Scalia, J. (concurring in part and dissenting in part)
Lower Court 5th Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Audio (Oyez)  [Oyez]
Lawyers
For Petitioner
John H. Weston

For Respondent
Analeslie Muncy

Briefs
For Amicus
Alan E. Sears for the Children's Legal Foundation (for respondent)

Benna Ruth Solomon and Peter Buscemi for the U.S. Conference of Mayors (for respondent)

Bruce A. Taylor for Citizens for Decency Through Law, Inc.

Bruce J. Ennis, Jr. and Mark D. Schneider for PHE, Inc. (for petitioner)

Michael A. Bamberger for the American Booksellers Association, Inc. (for petitioner)

Peggy M. Coleman for the American Family Association, Inc. (for respondent)

William I. Thornton, Jr., Frank B. Gummey III, and William H. Taube for the National Institute of Municipal Law (for respondent)

Ruling - Lower Court
837 F.2d 1298
News
Greenhouse, Linda, "Hearing Set on Sex Shop Ownership," The New York Times, Feb. 28, 1989, Sect. B, p. 6
Marcus, Ruth, "Licensing of 'Adult' Businesses Voided," The Washington Post, Jan. 10, 1990, Sect. A, p. 7
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Majority Opinion Breyer, J.
Concurring Opinion Souter, J. (concurring in part & conucrring in judgment) (joined by Kennedy, J), & Stevens, J. (concurring in part & concurring in judgment), & Scalia, J. (concurring in judgment)
Certiorari Granted 10/14/2003
Lower Court 10th Circuit
Lower Court Ruling Held: the judicial review procedure and pre-application requirements of Littleton's ordinance are unconstitutional, but that the location requirements of the ordinance are constitutional.
Oral Arguments official transcript
Lawyers
For Petitioner
J. Andrew Nathan for Petititioner, City of Littleton (cert. brief)

For Respondent
Arthur M. Schwartz

Michael Gross

Briefs
For Petitioner
Brief for City of Littleton

Reply Brief for City of Littleton

For Respondent
Brief for Z.J. Gifts

News Stories & Commentary
Quick look at City of Littleton v. Z.J. Gifts

AP, "Justices hear Colorado adult bookstore's challenge to zoning law"

AP, "High court agrees to revisit Net porn law"

Tony Mauro Analysis
Advocates find little to cheer in free-speech victory (6/8/2004)

Justices take on high-profile First Amendment cases

Supreme Court revisits adult-business licensing

Opinion - Lower Court
Z.J. Gifts v. City of Littleton (10th Cir., 2002)

ZJ Gifts D-4 v. City of Littleton (10th Cir., 2003)

Other
Free Expression Policy Project Overview

Medill School of Journalism Overview

 SEARCH MORE
About this site
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Freedom Sings™
Events
First Amendment
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The First Amendment
Library

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Privacy statement
Related links

 

 

 

 

 


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