First Amendment topicsAbout the First Amendment
 
Schad v. Mount Ephraim (docket #: 79-1640) (1981)  [Findlaw]

Secondary Link Schad v. Mount Ephraim  [Legal Information Institute]
Argument Date 02/25/1981
Decided 6/1/1981
Supreme Court Vote 3-4-2
Supreme Court Ruling First Amendment claim upheld
 
IssueWhether a New Jersey ordinance prohibiting all live entertainment, including nonobscene nude dancing, was overbroad and violated rights of free expression guaranteed by the First Amendment
Majority Opinion White, J.
Concurring Opinion Blackmun, J., Powell J. (joined by Stewart, J.), & Stevens, J. (concurring in judgment)
Dissenting Opinion Burger, C.J. (joined by Rehnquist, J.)
Lower Court District Court for the District of Columbia (3-judge court)
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Robert E. Levy

For Respondent
Arnold N. Fishman

News
"Justices to Decide Nude Dancing and Billboard Cases," The New York Times, Oct. 15, 1980, Sect. A, p. 28
"Zoning Rules Can't Ban Nude Dancing: High Court," The Los Angeles Times, June 1, 1981, Sect. A, p. 2
Greenhouse, Linda, "High Court Rejects Ban on Live Entertainment," The New York Times, June 2, 1981, Sect. B, p. 9
Mann, Jim, "Court Limits Use of Zoning to Bar Sex Entertainment," The Los Angeles Times, June 2, 1981, Sect. B, p. 1
Other
Blasi, Vincent, "Six Conservatives in Search of the First Amendment: The Revealing Case of Nude Dancing," 33 Wm. and Mary L. Rev 611 (1992)
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), Sect. 11.2.2
Loewy, Arnold H., "Obscenity, Pornography and First Amendment Theory," 2 Wm. & Mary Bill of Rts. J. 471 (1993)
Monaghan, Henry, "Overbreadth," 1981 Sup. Ct. Rev. 1
Nahmod, "Artistic Expression and Aesthetic Theory: The Beautiful, The Sublime and The First Amendment," 1987 Wis. L. Rev. 221
Post, Robert, "Recuperating First Amendment Doctrine," 47 Stan. L. Rev. 1249 (1995)
Scanlon, "Freedom of Expression and Categories of Expression," 40 U. Pitt. L. Rev. 519 (1979)
Commentary
"The 'Live Nude Dancing' Case," The Chicago Tribune, June 13, 1981, Sect. S, p. 7
 SEARCH MORE
About this site
About the First Amendment
About the First Amendment Center
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

First Reports
Supreme Court
Experts
Columnists
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links

 

 

 

 

 


This is from Cache data array: 19:09:50