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City of Erie v. PAP'S A.M. (doc. #: 98-1161) (2000)  [Findlaw]

Secondary Link City of Erie v. PAP'S A.M.  [Legal Information Institute]
Argument Date 11/10/1999
Decided 3/29/2000
Supreme Court Vote 6-1-2
Supreme Court Ruling First Amendment claim denied.
 
IssueWhether a city ordinance that prohibited nude appearances in public and required the use of G-strings and pasties in nude dancing establishments violated the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion O'Connor, J. (announced judgment of Court)
Concurring Opinion Scalia, J., (concurring in judgment & joined by Thomas, J.), & Souter, J. (concurring & dissenting in part)
Dissenting Opinion Stevens, J. (joined by Ginsberg, J.), & Souter, J. (concurring & dissenting in part)
Lower Court Pennsylvania Supreme Court
Lower Court Ruling First Amendment claim sustained
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Joyce A. Savocchio

For Respondent
Philip B. Friedman

Briefs
Briefs (collected on FindLaw)

News Stories & Commentary
AP, "9th Circuit upholds city's sex-shop zoning law" (5/31/2004)

Tony Mauro Analysis
Kandyland decision a new First Amendment landmark

Pennsylvania case may be Supreme Court's chance to clarify nude-dancing limits

Supreme Court reluctantly takes up issue of nude dancing

Opinion - Lower Court
Pap's v. City of Erie, 674 A.2d 338 (Commonwealth Ct. of Pa., 1996) [LexisNexis]

Pap's v. City of Erie, 719 A.2d 273 (Pa., 1998) [LexisNexis]

Other
Barron, Jerome, & Dienes, Thomas, FIRST AMENDMENT LAW (3rd ed., 2000), pp. 267-269
Blasi, Vincent, "Six Conservatives in Search of the First Amendment: The Revealing Case of Nude Dancing," 33 William & Mary Law Review 611 (1992)
Calvert, Clay, & Richards, Robert, "The Free Speech Coalition & Adult Entertainment: An Inside View of the The Adult Entertainment Industry, Its Leading Advocate & the First Amendment," 22 Cardozo Arts & Entertainment Law Journal 247 (2004)
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sect. 11.3, pp. 993-994
Harrold, Marc M., OBSERVATIONS OF WHITE NOISE: AN "ACID TEST" FOR THE FIRST AMENDMENT (2005), pp. 86-90
Hudson, David L., Jr., "Adult Entertainment & The Secondary Effects Doctrine: How a Zoning Regulation May Effect First Amendment Freedoms" (First Amendment Center, First Report, vol. 2, #1, May 2002)
Student Comment, "The First Amendment Gone Awry," 150 Univ. Pennsylvania Law Review 10291 (2002)
Student Note, "Improper Application of First-Amendment Scrutiny to Conduct-Based Public Nudity Laws: City of Erie v. Pap's A.M. Perpetuates the Confusion Created by Barnes v. Glen Theatre, Inc.," 17 B.Y.U .J. Pub. L. 89 (2002)
Student Note, "The Secondary Effects Doctrine: The Historical Development, Current Application, and Potential Mischaracterization of an Elusive Judicial Precedent," 54 Rutgers Law Review 1175 (2002)
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