Parties: Erznoznik v. Jacksonville
Date: 1975-06-23
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Paragraph: 13 - In short, the screen of a drive-in theater is not N74* 'so obtrusive as to make it impossible for an unwilling individual to avoid exposure to it.' Redrup v. New York, 386 U.S. 767, 769, 87 S.Ct. 1414, 1415, 18 L.Ed.2d 515 (1967). Thus, we conclude that the limited privacy interest of persons on the public streets cannot justify this censorship of otherwise protected speech on the basis of its content.
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Paragraph: 44 - The Court asserts that the State may shield the public from selected types of speech and allegedly expressive conduct, such as nudity, only when the speaker or actor invades the privacy of the home or where the degree of captivity of an unwilling listener is such that it is impractical for him to avoid the exposure by averting his eyes. The Court concludes 'that the limited privacy interest of persons on the public streets cannot justify this censorship of otherwise protected speech on the basis of its content.' Ante, at 212. If this broadside is to be taken literally, the State may not forbid 'expressive' nudity on the public streets, in the public parks, or any other public place since other persons in those places at that time have a 'limited privacy interest' and may merely look the other way.
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Paragraph: 12 - The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of expression, N89* 'we are inescapably captive audiences fror many purposes.' Rowan v. Post Office Dept., supra, 397 U.S., at 736, 90 S.Ct., at 1490. Much that we encounter offends our esthetic, if not our political and moral, sensibilities. Nevertheless, the Constitution does not permit government to decide which types of otherwise protected speech are sufficiently offensive to require protection for the unwilling listener or viewer. Rather, absent the narrow circumstances described above, the burden normally falls upon the viewer to N90* 'avoid further bombardment of (his) sensibilities simply by averting (his) eyes.'
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Paragraph: 13 - N91* The ordinance seeks only to keep these films from being seen from public streets and places where the offended viewer readily can avert his eyes. In short, the screen of a drive-in theater is not N92* 'so obtrusive as to make it impossible for an unwilling individual to avoid exposure to it.' Redrup v. New York, 386 U.S. 767, 769, 87 S.Ct. 1414, 1415, 18 L.Ed.2d 515 (1967). Thus, we conclude that the limited privacy interest of persons on the public streets cannot justify this censorship of otherwise protected speech on the basis of its content.
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Paragraph: 16 - Clearly all nudity cannot be deemed obscene even as to minors. See Ginsberg v. New York, supra. Nor can such a broad restriction be justified by any other governmental interest pertaining to minors. Speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them. In most circumstances, the values protected by the First Amendment are no less applicable when government seeks to control the flow of information to minors.
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