Oral Argument, continued.

Oral Argument, continued.

Ashcroft v. Free Speech Coalition (Oral Argument), Part 2 of 3

Ashcroft v. Free Speech Coalition (Oral Argument), Part 3 of 3

The Child Pornography Prevention Act of 1996 (CPPA) prohibits "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct," and any sexually explicit image that is "advertised, promoted, presented, described, or distributed in such a manner that conveys the impression" it depicts "a minor engaging in sexually explicit conduct." The Free Speech Coalition, an adult-entertainment trade association, and others filed suit, alleging that the "appears to be" and "conveys the impression" provisions are overbroad and vague and, thus, restrain works otherwise protected by the First Amendment. Reversing the District Court, the Court of Appeals held the CPPA invalid on its face, finding it to be substantially overbroad because it bans materials that are neither obscene under Miller v. California, 413 U.S. 15, nor produced by the exploitation of real children as in New York v. Ferber, 458 U.S. 747.


Does the Child Pornography Prevention Act of 1996 abridge freedom of speech where it where it proscribes a significant universe of speech that is neither obscene under Miller v. California nor child pornography under New York v. Ferber?

Ashcroft v. Free Speech Coalition (Oral Argument), Part 1 of 3

"Kandyland," operated by Pap's A. M. in Erie PA, featured totally nude female erotic dancing. The city council enacted an ordinance making it an offense to knowingly or intentionally appear in public in a "state of nudity," To comply with the ordinance, dancers had to wear, at a minimum, "pasties" and a "G-string." Pap's filed suit against Erie, seeking a permanent injunction against the ordinance's enforcement. The Court of Common Pleas struck down the ordinance as unconstitutional, but the Commonwealth Court reversed. In reversing, the Pennsylvania Supreme Court found that the ordinance's public nudity sections violated Pap's right to freedom of expression as protected by the First and Fourteenth Amendments. The court explained that, although one purpose of the ordinance was to combat negative secondary effects, there was also an unmentioned purpose to "impact negatively on the erotic message of the dance." Additionally, because the ordinance was not content neutral, the court subjected it to strict scrutiny and found that it failed the narrow tailoring requirement of such a test. After the U.S Supreme Court granted certiorari, Pap's filed a motion to dismiss the case as moot, noting that Kandyland no longer operated as a nude dancing club, and that Pap's did not operate such a club at any other location. The Court denied the motion.


Does Erie, Pennsylvania's public indecency ordinance, as applied to prohibit nude dancing, violate the First Amendment's guarantee of free expression?

Erie v. Pap's A. M. (Oral Argument), Part 1 of 3

Erie v. Pap's A. M. (Oral Argument), Part 2 of 3

Erie v. Pap's A. M. (Oral Argument), Part 3 of 3

Reno v. ACLU (Oral Argument), Part 3 of 3

Reno v. ACLU (Oral Argument), Part 2 of 3

Several litigants challenged the constitutionality of two provisions in the 1996 Communications Decency Act. Intended to protect minors from unsuitable internet material, the Act criminalized the intentional transmission of "obscene or indecent" messages as well as the transmission of information which depicts or describes "sexual or excretory activities or organs" in a manner deemed "offensive" by community standards. After being enjoined by a District Court from enforcing the above provisions, except for the one concerning obscenity and its inherent protection against child pornography, Attorney General Janet Reno appealed directly to the Supreme Court as provided for by the Act's special review provisions.


Did certain provisions of the 1996 Communications Decency Act violate the First and Fifth Amendments by being overly broad and vague in their definitions of the types of internet communications which they criminalized?

Reno v. ACLU (Oral Argument), Part 1 of 3

Hurley v. Irish American GLIB Association (Oral Argument), Part 2 of 3

U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org)

In 1993, the South Boston Allied War Veterans Council was authorized by the city of Boston to organize the St. Patrick's Day Parade. The Council refused a place in the event for the Irish American Gay, Lesbian, and Bisexual Group of Boston (GLIB). The group attempted to join to express its members' pride in their Irish heritage as openly gay, lesbian, and bisexual individuals. The Massachusetts State Court ordered the Veterans' Council to include GLIB under a state law prohibiting discrimination on account of sexual orientation in public accommodations. The Veterans' Council claimed that forced inclusion of GLIB members in their privately-organized parade violated their free speech.


Did a Massachusetts State Court's mandate to Boston's Veterans' Council, requiring it to include GLIB members in its parade, violate the Council's free speech rights as protected by the First and Fourteenth Amendments?

Hurley v. Irish American GLIB Association (Oral Argument), Part 1 of 3

Hurley v. Irish American GLIB Association (Oral Argument), Part 3 of 3

Several teenagers allegedly burned a crudely fashioned cross on a black family's lawn. The police charged one of the teens under a local bias-motivated criminal ordinance which prohibits the display of a symbol which "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." The trial court dismissed this charge. The state supreme court reversed. R.A.V. appealed to the U.S. Supreme Court.


Is the ordinance overly broad and impermissibly content-based in violation of the First Amendment free speech clause?

R.A.V. v. St. Paul (Oral Argument), Part 1 of 3

R.A.V. v. St. Paul (Oral Argument), Part 2 of 3

R.A.V. v. St. Paul (Oral Argument), Part 3 of 3

Barnes v. Glen Theatre Inc. (Oral Argument), Part 2 of 3

Barnes v. Glen Theatre Inc. (Oral Argument), Part 3 of 3

Glen Theatre and the Kitty Kat Lounge in South Bend, Indiana, operated entertainment establishments with totally nude dancers. An Indiana law regulating public nudity required dancers to wear "pasties" and a "G-string" when they perform. The Theatre and Lounge sued to stop enforcement of the statute.


Does a state prohibition against complete nudity in public places violate the First Amendment's freedom of expression guarantee?

Barnes v. Glen Theatre Inc. (Oral Argument), Part 1 of 3

BOE of Westside Community Schools v. Mergens (Oral Argument), Part 3 of 4

The school administration at Westside High School denied permission to a group of students to form a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. In addition to citing the Establishment Clause, Westside refused the club's formation because it lacked a faculty sponsor. When the school board upheld the administration's denial, Mergens and several other students sued. The students alleged that Westside's refusal violated the Equal Access Act, which requiremes that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages. On appeal from an adverse District Court ruling, the Court of Appeals found in favor of the students. The Supreme Court granted Westside certiorari.


Was Westside's prohibition against the formation of a Christian club consistent with the Establishment Clause, thereby rendering the Equal Access Act unconstitutional?

BOE of Westside Community Schools v. Mergens (Oral Argument), Part 1 of 4

The Oyez Project: Rehnquist: Freedom of Speech Arguments

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