World Library  
Flag as Inappropriate
Email this Article

Erznoznik v. City of Jacksonville

Article Id: WHEBN0009987946
Reproduction Date:

Title: Erznoznik v. City of Jacksonville  
Author: World Heritage Encyclopedia
Language: English
Subject: List of United States Supreme Court cases, volume 422, History of Jacksonville, Florida, Segraves v. California, Censorship of student media, Pacific Gas & Electric Co. v. Public Utilities Commission
Publisher: World Heritage Encyclopedia

Erznoznik v. City of Jacksonville

Erznoznik v. City of Jacksonville
Argued February 26, 1975
Decided June 23, 1975
Full case name Richard Erznoznik etc. v. City of Jacksonville
Citations 422 U.S. 205 (more)
95 S. Ct. 2268; 45 L. Ed. 2d 125; 1 Media L. Rep. 1508
Prior history 288 So. 2d 260 (Fla. Dist. Ct. App. 1974), cert. denied, 294 So. 2d 93 (Fla. 1974), prob. juris. noted, 419 U.S. 822 (1974).
The Court ruled that the ordinance was invalid on its face because the ordinance discriminated among movies solely on the basis of nudity, but not all offensive content so it could not be justified.
Court membership
Case opinions
Majority Powell, joined by Douglas, Brennan, Stewart, Marshall, Blackmun
Concurrence Douglas
Dissent Burger, joined by Rehnquist
Dissent White
Laws applied
U.S. Const., amend. I; Jacksonville Municipal Code § 330.313

Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975), is a United States Supreme Court case concerning a city ordinance prohibiting the showing of films containing nudity by a drive-in theater located in Jacksonville, Florida.


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.

See also

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.