AICP Free Speech Cases

Question 1

Young v American Mini Theaters (1976)

Answer 1

SCOTUS: law upheld, speech is not absolute. Dispersal strategy focuses on minimizing negative impacts on community; ok to use zoning to control sexually explicit uses

Question 2

City of Renton v Playtime Theatres (1986)

Answer 2

Is there absolute protection under the 1st Amendment?
SCOTUS: law upheld, there can be no absolute prohibition of free speech, but timing, location, and manner can be regulated

Question 3

Central Hudson Gas and Elec Corp v Public Service Comm (1980)

Answer 3

Attempt to ban advertising for a public utility
SCOTUS: a complete ban on advertising violates 1st and 14th Amendments. Four part test
Lawful activity and not misleading
Substantial govt interest defined
Regulation must substantially advance that interest
Regulation must not be more restrictive than necessary

Question 4

Metromedia v City of San Diego (1981)

Answer 4

City banned all outdoor advertising including billboards based on aesthetics and traffic safety
What if noncommercial activity (e.g. church) wants to advertise its presence?
SCOTUS: reversed, city may ban billboards but this is not content neutral. Noncommercial speech is protected by 1st Amendment, no compelling state interest to prohibit

Metromedia v City of San Diego was found to violate the first amendment’s freedom of speech. In this case the City of San Diego banned most outdoor advertising signs to improve aesthetics and prevent a distraction for motorists. The City only permitted on-site signs, not off-site signs. This Court found that this did violate the first and fourteenth amendment finding that this ban discriminated against noncommercial speech. In this case they found that the ordinance provided a greater degree of freedom of speech protection to commercial speech.
The correct answer is: Metromedia v City of San Diego

Question 5

Larkin v Grendel’s Den (1982)

Answer 5

Freedom of religion (establishment)
Churches and schools have veto power over alcohol permits within 500 feet; restaurant sues after church 10 feet away prevents him from getting liquor license
SCOTUS: overturned; violation of establishment clause by giving police power to private entity; legislatures can’t delegate their responsibility to a church

Question 6

Lemon v Kurtzman (1971)

Answer 6

Jehovah’s Witness cases in 1930s and 40s
Freedom of religion (free exercise)
Local govts cannot require permits to hand out religious literature door to door

Question 7

Church of Lukumi Babalu Aye v City of Hialeah

Answer 7

City ordinance bans ritual animal slaughter; practice is central to Santeria, makes exception for Muslim and Jewish kosher slaughter
SCOTUS: overturned, targets a particular religion and is not a neutral law of general applicability

Question 8

Oregon Employment Division v Smith (1940)

Answer 8

Native Americans employed by drug rehab smoke peyote as part of a ceremony; fired; denied unemployment benefits because of their misconduct
SCOTUS: upholds firing, neutral, generally applicable law does not violate free exercise clause
Big political stink ensues; congress struggles to define limits of official action
Religious Land Use and Institutionalized Persons Act (2000)
Local land use regulations may not impose substantial burden on religious assemblies
Protects incarcerated Muslims to practice their religion in prison

Question 9

Civil Liberties for Urban Believers v City of Chicago (2003)

Answer 9

City requires churches to apply for special approvals for location of churches in residential neighborhoods
CLUB sued under RLUPA, wanted compensation for cost of permit process
Court: upheld law, neutral law of general applicability and rational basis