American Constitutionalism in Historical Perspective (packet)

MacKinnon Proposal: Pass civil rts ordinances (civil remedy NOT criminal) which focused on real harms such as dehumanizing women by sexually objectifying them. Violent porn is one of the vehicles of treating women cruelly. This may factually have a connection to women not getting their full civil rts (harm based/group libel view) Critical of the Miller decision.

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   Extends to cases where women see porn images in the wrkplace b/c not a public forum and these images are coercive and intimidating. Trying to make a causal connection b/w obscene material and harm to women.
   
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   Criticized as not confronting real issues, used against dissident sexuality. (Canadian example law only prosecuted gays and lesbians).
   

OFFENSIVE SPEECH IN PUBLIC PLACES: Nudity, Seven Bad Words

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   Zoning: not prohibiting non-obscene speech in public forum, but trying to regulate by limiting to certain areas of the city. Nudity on drive in movie screens: nudity is not obscene Erzonoznik v. Jacksonville (Overturned ordinance on its face b/c also applies to nonobscene films—overinclusive and has chilling effects on art but underinclusive b/c d/n include violent films that are also distracting)
   

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   No prohibition: would be unconstitutional. Schad v. Mountian Emphraim. Legitimate State Purposes: can regulate consistent with these due to secondary effects. (Erie, PA)
   
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      Young v. American Theatres: scatter zoning allowed: places adult establishments broadly throughout the community based on concern for secondary effects. Have to go out of the way for adult bookstore. TPM reg is allowed (regulates secondary effects—prostitution, property values)
      
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         Stevens: Lesser protected speech and so can be more regulated than core protected speech.
         
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         Powell: d/n want any content based restrictions. Balanced interest of state w/ speech—no sign of decreased access so okay.
         
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         Dissent: still discriminates on basis of content
         
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      Renton: cluster zoning allowed to confine adult establishments in one part of the city. D/n effect property values and police can concentrate forces in one place
      
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