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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
For Petitioner
Robert E. Levy

For Respondent
Arnold N. Fishman

"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
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)
"The 'Live Nude Dancing' Case," The Chicago Tribune, June 13, 1981, Sect. S, p. 7
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