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Local Ordinance Banning Distribution of Leaflets Advertising Erotic Dancing Enjoined
Description Company barred from distributing leaflets "off premises" to advertise erotic dancing services in Las Vegas. Appeals court enjoined enforcement of the injunction because it appears to be too broad in its restriction on commercial speech.
Topic Constitutional Law
Key Words Speech, Restrictions
C A S E   S U M M A R Y
Facts A Clark County, Nevada, ordinance prohibits passing out leaflets off premises. The purpose is primarily to limit the distribution of leaflets in the Las Vegas "Strip" area which advertise "erotic dance entertainment services." S.O.C., a company in the leaflet distribution business, was joined by the Nevada ACLU in contesting the constitutionality of the issue. District court refused to issue an injunction against enforcement of the ordinance; plaintiffs appealed.
Decision Remanded. "We conclude that the ACLUN has demonstrated probable success on the merits of its claim that [the ordinance] is overbroad because it is likely to restrict not only purely commercial speech, but also fully protected noncommercial speech inextricably intertwined with commercial speech." The ordinance is content-based and the County "has not met its burden of showing that the Ordinance is the least restrictive means to further a compelling governmental interest." Because ACLUN has demonstrated probable success on the merits of its claim, enforcement will be enjoined.
Citation S.O.C., Inc. v. County of Clark, F.3d--- (1998 WL 472498, 9th Cir.)
152 F. 3d 1136 (9th Cir., 1998)

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