Unformatted text preview: did have a right to not be exposed to offensive films, the ordinance singled out "some kinds of speech on the ground that they are more offensive than others," Justice Lewis F. Powell, Jr. wrote for the majority. Since the "offended viewer readily can avert his eyes" from the films shown, Jacksonville’s distinction between films with nudity and films without nudity was unconstitutional. Under Police Dept. of Chicago v. Mosley , "government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." The ordinance was "broader than permissible" in trying to protect children from exposure to nudity and "invalid" as an attempt to prevent traffic accidents. Justice William O. Douglas authored a concurring opinion. Decisions Decision: 6 votes for Erznoznik, 3 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly...
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.
- Spring '10