(DOWNLOAD) "Morris V. Municipal Court For San Jose-Milpitas Judicial District Of Santa Clara County" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Morris V. Municipal Court For San Jose-Milpitas Judicial District Of Santa Clara County
- Author : Supreme Court Of California
- Release Date : January 18, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 97 KB
Description
Debra Jean Morris seeks a writ of prohibition directed to the San Jose-Milpitas Municipal Court in Santa Clara County, barring her prosecution for violation of county ordinance No. B13-14, which prohibits nude entertainment in any public place other than a concert hall, theater, or similar establishment "primarily devoted to theatrical performances." She contends, principally, that the ordinance is overbroad and thus infringes her First Amendment protection of freedom of expression and similar protection afforded by article I, sections 2 and 3 of the California Constitution. Although we upheld local ordinances similar to the one at issue here in Crownover v. Musick (1973) 9 Cal. 3d 405 [107 Cal. Rptr. 681, 509 P.2d 497], later decisions of the United States Supreme Court compel us to hold that Crownover went too far in permitting the exclusion of all nude entertainment, some of which enjoys First Amendment protection. (See fn. 1.) We conclude that Morris is entitled to the writ she seeks.*fn1
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