dallas
argued
october
decided
january
respondent
city
dallas
adopted
comprehensive
ordinance
regulating
sexually
oriented
businesses
defined
include
adult
arcades
bookstores
video
stores
cabarets
motels
theaters
well
escort
agencies
nude
model
studios
sexual
encounter
centers
among
things
ordinance
requires
businesses
licensed
includes
civil
disability
provisions
prohibiting
certain
individuals
obtaining
licenses
three
groups
individuals
businesses
involved
adult
entertainment
industry
filed
separate
suits
challenging
ordinance
numerous
grounds
seeking
injunctive
declaratory
relief
district
upheld
bulk
ordinance
struck
several
subsections
city
subsequently
amended
ordinance
conformity
judgment
appeals
affirmed
holding
inter
alia
ordinance
licensing
scheme
violate
first
amendment
despite
failure
provide
procedural
safeguards
set
forth
freedman
maryland
civil
disability
provisions
provision
requiring
licensing
adult
motel
owners
renting
rooms
fewer
hours
constitutional
held
judgment
affirmed
part
reversed
part
vacated
part
cases
remanded
affirmed
part
reversed
part
vacated
part
remanded
justice
delivered
opinion
respect
parts
iii
iv
concluding
petitioner
shown
standing
challenge
ordinance
provision
prohibits
licensing
applicant
resided
individual
whose
license
application
denied
revoked
civil
disability
provisions
disable
specified
periods
convicted
certain
enumerated
crimes
well
whose
spouses
convicted
record
reveal
petitioner
living
individual
whose
application
denied
whose
license
revoked
moreover
although
record
reveals
one
individual
potentially
disabled
spousal
conviction
provision
person
license
applicant
party
action
even
standing
however
claim
moot
since
city
council
deleted
list
crimes
husband
convicted
district
ruled
inclusion
convictions
unconstitutional
furthermore
although
one
party
stated
affidavit
convicted
three
enumerated
misdemeanors
lacked
standing
since
failed
state
convicted
last
misdemeanor
date
release
confinement
therefore
shown
still
within
ordinance
disability
period
rely
city
representations
oral
argument
one
two
petitioners
denied
licenses
based
convictions
since
necessary
factual
predicate
must
gleaned
record
similarly
city
affidavit
indicating
two
licenses
revoked
convictions
unavailing
since
affidavit
first
introduced
part
record
event
fails
identify
individuals
whose
licenses
revoked
courts
lacked
jurisdiction
adjudicate
petitioners
claims
appeals
judgment
respect
disability
provisions
vacated
directed
dismiss
portion
suit
pp
ordinance
provision
requiring
licensing
motels
rent
rooms
fewer
hours
unconstitutional
motel
owner
petitioners
contention
city
violated
due
process
clause
failing
produce
adequate
support
supposition
renting
rooms
fewer
hours
results
increased
crime
secondary
effects
rejected
appeals
recognized
reasonable
believe
shorter
rental
time
periods
indicate
motels
foster
prostitution
type
criminal
activity
ordinance
seeks
suppress
reasonableness
legislative
judgment
along
los
angeles
study
effect
adult
motels
surrounding
neighborhoods
city
council
passed
ordinance
provided
sufficient
support
limitation
also
rejected
assertion
limitation
places
unconstitutional
burden
right
freedom
association
recognized
roberts
jaycees
even
assuming
motel
owners
standing
assert
associational
rights
motel
patrons
limiting
rentals
hours
discernible
effect
sorts
traditional
personal
bonds
considered
roberts
play
critical
role
nation
culture
traditions
cultivating
transmitting
shared
ideals
beliefs
consider
motel
owners
privacy
commercial
speech
challenges
since
issues
pressed
passed
upon
pp
justice
joined
justice
stevens
justice
kennedy
concluded
part
ii
ordinance
licensing
scheme
violates
first
amendment
since
constitutes
prior
restraint
upon
protected
expression
fails
provide
adequate
procedural
safeguards
required
freedman
supra
pp
petitioners
may
raise
facial
challenge
licensing
scheme
challenges
permitted
first
amendment
context
scheme
vests
unbridled
discretion
decisionmaker
regulation
challenged
overbroad
petitioners
argue
licensing
scheme
fails
set
time
limit
within
licensing
authority
must
act
since
freedman
supra
held
failure
species
unbridled
discretion
every
application
ordinance
creates
impermissible
risk
suppression
ideas
moreover
businesses
challenging
licensing
scheme
valid
first
amendment
interest
although
ordinance
applies
businesses
apparently
protected
first
amendment
escort
agencies
sexual
encounter
centers
largely
targets
businesses
purveying
sexually
explicit
speech
city
concedes
purposes
litigation
protected
first
amendment
city
asserted
requires
every
business
regardless
whether
engages
first
speech
obtain
certificate
occupancy
moves
new
location
use
structure
changes
challenged
ordinance
nevertheless
onerous
respect
sexually
oriented
businesses
required
submit
inspections
example
ownership
changes
apply
annual
renewal
permits
whether
moved
use
structures
changed
pp
freedman
supra
determined
following
procedural
safeguards
necessary
ensure
expeditious
decisionmaking
motion
picture
censorship
board
restraint
prior
judicial
review
imposed
specified
brief
period
status
quo
must
maintained
expeditious
judicial
review
decision
must
available
censor
must
bear
burden
going
suppress
speech
must
bear
burden
proof
like
censorship
system
licensing
scheme
creates
possibility
constitutionally
protected
speech
suppressed
inadequate
procedural
safeguards
ensure
prompt
issuance
license
thus
license
first
business
must
issued
reasonable
period
time
accordingly
first
two
freedman
safeguards
essential
although
dallas
ordinance
requires
chief
police
approve
issuance
license
within
days
receipt
application
also
conditions
issuance
upon
approval
municipal
inspection
agencies
without
setting
forth
time
limits
within
inspections
must
occur
since
ordinance
therefore
fails
provide
effective
time
limitation
licensing
decision
since
also
fails
provide
avenue
prompt
judicial
review
minimize
suppression
speech
event
license
denial
licensing
requirement
unconstitutional
insofar
enforced
businesses
engaged
first
amendment
activity
determined
remand
however
since
licensing
scheme
issue
significantly
different
censorship
system
examined
freedman
present
grave
dangers
system
first
amendment
require
contain
third
freedman
safeguard
unlike
freedman
censor
dallas
engage
presumptively
invalid
direct
censorship
particular
expressive
material
simply
performs
ministerial
action
reviewing
general
qualifications
license
applicant
therefore
need
required
carry
burden
going
justifying
decision
suppress
speech
moreover
unlike
motion
picture
distributors
considered
freedman
likely
deterred
challenging
decision
suppress
particular
movie
burdens
going
proof
placed
censor
license
applicants
dallas
scheme
every
incentive
pursue
license
denial
since
license
key
obtaining
maintaining
business
riley
national
federation
blind
dispositive
litigation
since
although
struck
licensing
scheme
failing
provide
adequate
procedural
safeguards
address
proper
scope
procedural
safeguards
respect
scheme
since
dallas
ordinance
summarily
terms
provisions
severable
appeals
must
remand
determine
extent
licensing
requirement
severable
pp
justice
brennan
joined
justice
marshall
justice
blackmun
although
agreeing
ordinance
licensing
scheme
invalid
first
business
freedman
doctrine
concluded
riley
mandates
application
three
freedman
procedural
safeguards
two
riley
national
federation
blind
applied
freedman
invalidate
professional
licensing
scheme
respect
charity
fundraisers
engaged
first
activity
ruling
scheme
must
require
licensor
state
fundraiser
either
issue
license
within
specified
brief
period
go
principal
opinion
grounds
declining
require
third
freedman
safeguard
dallas
scheme
require
administrator
engage
presumptively
invalid
task
passing
judgment
whether
content
particular
speech
protected
licenses
entire
businesses
individual
films
applicants
inclined
abandon
interests
distinguish
present
litigation
riley
licensor
required
distinguish
protected
unprotected
speech
fundraisers
entire
livelihoods
stake
moreover
danger
posed
license
prevents
speaker
speaking
derived
basis
license
purportedly
denied
unlawful
stifling
speech
results
thus
relevant
differences
fundraisers
riley
petitioners
interest
protecting
speech
burdens
initiating
judicial
proceedings
proof
must
borne
city
pp
together
et
al
city
dallas
berry
et
al
city
dallas
et
also
certiorari
john
weston
argued
cause
petitioners
cases
briefs
petitioners
randall
garrou
cathy
crosson
richard
wilson
arthur
schwartz
filed
briefs
petitioners
frank
hernandez
filed
brief
petitioners
analeslie
muncy
argued
cause
respondents
cases
brief
kenneth
dippel
thomas
fn
briefs
amici
curiae
urging
reversal
filed
american
booksellers
association
et
al
michael
bamberger
phe
bruce
ennis
mark
schneider
briefs
amici
curiae
urging
affirmance
filed
american
family
association
peggy
coleman
children
legal
foundation
alan
sears
national
institute
municipal
law
officers
william
thornton
frank
gummey
iii
william
taube
conference
mayors
et
al
benna
ruth
solomon
peter
buscemi
bruce
taylor
filed
brief
citizens
decency
law
amicus
curiae
justice
announced
judgment
delivered
opinion
respect
parts
iii
iv
opinion
respect
part
ii
justice
stevens
justice
kennedy
join
cases
call
upon
us
decide
whether
licensing
scheme
comprehensive
city
ordinance
regulating
sexually
oriented
businesses
prior
restraint
fails
provide
adequate
procedural
safeguards
required
freedman
maryland
must
also
decide
whether
petitioner
standing
address
ordinance
civil
disability
provisions
whether
city
sufficiently
justified
requirement
motels
renting
rooms
fewer
hours
covered
ordinance
whether
ordinance
impermissibly
infringes
right
freedom
association
litigation
comes
us
issue
presented
respect
whether
books
videos
materials
entertainment
available
sexually
oriented
businesses
obscene
pornographic
materials
june
city
council
city
dallas
unanimously
adopted
ordinance
regulating
sexually
oriented
businesses
aimed
eradicating
secondary
effects
crime
urban
blight
ordinance
amended
defines
sexually
oriented
business
adult
arcade
adult
bookstore
adult
video
store
adult
cabaret
adult
motel
adult
motion
picture
theater
adult
theater
escort
agency
nude
model
studio
sexual
encounter
center
dallas
city
code
ch
sexually
oriented
businesses
ordinance
regulates
sexually
oriented
businesses
scheme
incorporating
zoning
licensing
inspections
ordinance
also
includes
civil
disability
provision
prohibits
individuals
convicted
certain
crimes
obtaining
license
operate
sexually
oriented
business
specified
period
years
three
separate
suits
filed
challenging
ordinance
numerous
grounds
seeking
preliminary
permanent
injunctive
relief
well
declaratory
relief
suits
brought
following
groups
individuals
businesses
involved
selling
exhibiting
distributing
publications
video
motion
picture
films
adult
cabarets
establishments
providing
live
nude
dancing
films
motion
pictures
videocassettes
slides
photographic
reproductions
depicting
sexual
activities
anatomy
specified
ordinance
adult
motel
owners
following
expedited
discovery
petitioners
constitutional
claims
resolved
summary
judgment
hearing
district
upheld
bulk
ordinance
striking
four
subsections
see
dumas
dallas
supp
nd
tex
district
struck
two
subsections
ground
vested
overbroad
discretion
chief
police
contrary
holding
shuttlesworth
birmingham
see
district
also
struck
provision
imposed
civil
disability
merely
basis
indictment
information
reasoning
less
restrictive
alternatives
achieve
city
goals
see
citing
finally
district
held
five
enumerated
crimes
list
creating
civil
disability
unconstitutional
sufficiently
related
purpose
ordinance
see
striking
bribery
robbery
kidnaping
organized
criminal
activity
violations
controlled
substances
acts
city
dallas
subsequently
amended
ordinance
conformity
district
judgment
appeals
fifth
circuit
affirmed
viewing
ordinance
time
place
manner
regulation
renton
playtime
theatres
appeals
upheld
ordinance
petitioners
facial
attack
ground
designed
serve
substantial
government
interest
allowed
reasonable
alternative
avenues
communication
quoting
renton
supra
appeals
concluded
licensing
scheme
failure
provide
procedural
safeguards
set
forth
freedman
maryland
supra
withstood
constitutional
challenge
procedures
less
important
regulating
conduct
ongoing
commercial
enterprise
additionally
appeals
upheld
provision
ordinance
providing
motel
owners
renting
rooms
fewer
hours
adult
motel
owners
required
obtain
license
ordinance
see
motel
owners
attacked
provision
ground
city
made
finding
adult
motels
engendered
evils
city
attempting
redress
appeals
concluded
limitation
based
reasonable
supposition
short
rental
periods
facilitate
prostitution
one
secondary
effects
city
attempting
remedy
see
finally
appeals
upheld
civil
disability
provisions
modified
district
ground
relationship
offense
evil
regulated
direct
substantial
granted
petitioners
application
stay
mandate
except
holding
provisions
ordinance
regulating
location
sexually
oriented
businesses
violate
federal
constitution
granted
certiorari
reverse
part
affirm
part
ii
granted
certiorari
issue
whether
licensing
scheme
unconstitutional
prior
restraint
fails
provide
adequate
procedural
safeguards
required
freedman
maryland
petitioners
involved
adult
entertainment
industry
adult
cabarets
argue
licensing
scheme
fails
set
time
limit
within
licensing
authority
must
issue
license
therefore
creates
likelihood
arbitrary
denials
concomitant
suppression
speech
conclude
city
licensing
scheme
lacks
adequate
procedural
safeguards
reach
issue
decided
appeals
whether
ordinance
properly
viewed
time
place
manner
restriction
aimed
secondary
effects
arising
sexually
oriented
businesses
cf
southeastern
promotions
conrad
note
outset
petitioners
raise
facial
challenge
licensing
scheme
although
facial
challenges
legislation
generally
disfavored
permitted
first
amendment
context
licensing
scheme
vests
unbridled
discretion
decisionmaker
regulation
challenged
overbroad
see
city
council
los
angeles
taxpayers
vincent
freedman
held
failure
place
limitations
time
within
censorship
board
decisionmaker
must
make
determination
obscenity
species
unbridled
discretion
see
freedman
supra
failure
confine
time
within
censor
must
make
decision
contains
vice
statute
delegating
excessive
administrative
discretion
thus
scheme
creates
isk
delay
every
application
statute
create
impermissible
risk
suppression
ideas
taxpayers
vincent
supra
permitted
parties
bring
facial
challenges
businesses
regulated
city
licensing
scheme
include
adult
arcades
defined
places
motion
pictures
shown
five
fewer
individuals
time
see
adult
bookstores
adult
video
stores
adult
cabarets
adult
motels
adult
motion
picture
theaters
adult
theaters
escort
agencies
nude
model
studios
sexual
encounter
centers
although
ordinance
applies
businesses
apparently
protected
first
amendment
escort
agencies
sexual
encounter
centers
largely
targets
businesses
purveying
sexually
explicit
speech
city
concedes
purposes
cases
protected
first
amendment
cf
smith
california
bookstores
southeastern
promotions
conrad
supra
live
theater
performances
young
american
mini
theatres
motion
picture
theaters
schad
mount
ephraim
nude
dancing
justice
scalia
acknowledges
post
city
argue
businesses
targeted
engaged
purveying
obscenity
unprotected
first
amendment
see
brief
respondents
city
arguing
ordinance
raise
first
amendment
concerns
right
sell
material
constitutionally
protected
right
see
also
miller
california
city
rely
upon
ginzburg
contend
businesses
governed
ordinance
engaged
pandering
practice
decline
review
issues
neither
pressed
passed
upon
see
youakim
miller
per
curiam
city
asserted
oral
argument
requires
every
business
without
regard
whether
engages
first
speech
obtain
certificate
occupancy
moves
new
location
use
structure
changes
tr
oral
arg
see
also
app
dallas
city
code
certificate
occupancy
required
new
construction
occupancy
change
use
challenged
ordinance
however
inspections
required
sexually
oriented
businesses
whether
business
moved
new
structure
whether
use
structure
changed
therefore
even
assuming
correctness
city
representation
general
inspection
scheme
scheme
involved
onerous
respect
sexually
oriented
businesses
respect
vast
majority
businesses
example
inspections
required
whenever
ownership
sexually
oriented
business
changes
business
applies
annual
renewal
permit
therefore
hold
threshold
matter
petitioners
may
raise
facial
challenge
licensing
scheme
suit
comes
us
businesses
challenging
scheme
valid
first
amendment
interest
rior
restraints
unconstitutional
per
se
ny
system
prior
restraint
comes
bearing
heavy
presumption
constitutional
validity
southeastern
promotions
conrad
supra
see
lovell
griffin
cantwell
connecticut
cox
new
hampshire
shuttlesworth
birmingham
cases
addressing
prior
restraints
identified
two
evils
tolerated
schemes
first
scheme
places
unbridled
discretion
hands
government
official
agency
constitutes
prior
restraint
may
result
censorship
lakewood
plain
dealer
publishing
see
saia
new
york
niemotko
maryland
kunz
new
york
staub
city
baxley
freedman
maryland
cox
louisiana
shuttlesworth
birmingham
supra
secretary
state
maryland
joseph
munson
settled
long
line
recent
decisions
ordinance
makes
peaceful
enjoyment
freedoms
constitution
guarantees
contingent
upon
uncontrolled
official
requiring
permit
license
may
granted
withheld
discretion
official
unconstitutional
censorship
prior
restraint
upon
enjoyment
freedoms
shuttlesworth
supra
quoting
staub
supra
second
prior
restraint
fails
place
limits
time
within
decisionmaker
must
issue
license
impermissible
freedman
supra
vance
universal
amusement
striking
statute
ground
restrained
speech
indefinite
duration
freedman
addressed
motion
picture
censorship
system
failed
provide
adequate
procedural
safeguards
ensure
unlimited
suppression
constitutionally
protected
speech
like
censorship
system
licensing
scheme
creates
possibility
constitutionally
protected
speech
suppressed
inadequate
procedural
safeguards
ensure
prompt
issuance
license
riley
national
federation
blind
held
licensing
scheme
failing
provide
definite
limitations
time
within
licensor
must
issue
license
constitutionally
unsound
delay
compel
led
speaker
silence
failure
confine
time
within
licensor
must
make
decision
contains
vice
statute
delegating
excessive
administrative
discretion
freedman
supra
licensor
unlimited
time
within
issue
license
risk
arbitrary
suppression
great
provision
unbridled
discretion
scheme
fails
set
reasonable
time
limits
decisionmaker
creates
risk
indefinitely
suppressing
permissible
speech
although
ordinance
chief
police
shall
approve
issuance
license
assessor
collector
taxes
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footnotes
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chief
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businesses
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