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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.
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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