Opinion
The Supreme Court issued a ruling invalidating the ordinance and held:
- (a) The ordinance by discriminating among movies solely on the basis of content has the effect of deterring drive-in theaters from showing movies containing any nudity, however innocent or even educational, and such censorship of the content of otherwise protected speech cannot be justified on the basis of the limited privacy interest of persons on the public streets, who if offended by viewing the movies can readily avert their eyes. Pp. 208–212.
- (b) Nor can the ordinance be justified as an exercise of the city's police power for the protection of children against viewing the films. Even assuming that such is its purpose, the restriction is broader than permissible since it is not directed against sexually explicit nudity or otherwise limited. Pp. 212–214.
- (c) Nor can the ordinance be justified as a traffic regulation. If this were its purpose, it would be invalid as a strikingly under-inclusive legislative classification since it singles out movies containing nudity from all other movies that might distract a passing motorist. Pp. 214–215.
- (d) The possibility of a narrowing construction of the ordinance appears remote, particularly where appellee city offered several distinct justifications for it in its broadest terms. Moreover, its deterrent effect on legitimate expression in the form of movies is both real and substantial. Pp. 215–217.
Read more about this topic: Erznoznik V. City Of Jacksonville
Famous quotes containing the word opinion:
“The loneliest feeling in the world is when you think you are leading the parade and turn to find that no one is following you. No president who badly misguesses public opinion will last very long.”
—Franklin D. Roosevelt (1882–1945)
“Some praise at morning what they blame at night,
But always think the last opinion right.”
—Alexander Pope (1688–1744)
“This Administration has declared unconditional war on poverty and I have come here this morning to ask all of you to enlist as volunteers. Members of all parties are welcome to our tent. Members of all races ought to be there. Members of all religions should come and help us now to strike the hammer of truth against the anvil of public opinion again and again until the ears of this Nation are open, until the hearts of this Nation are touched, and until the conscience of America is awakened.”
—Lyndon Baines Johnson (1908–1973)